Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims for service connection for his back, right knee, and left knee conditions due to insufficient evidence in the VA examinations. The Veteran contends that these conditions are related to his military service as a paratrooper.

The Board has decided to remand the case due to a duty-to-assist error regarding the Veteran's service in the Army National Guard from 1994 to 1998. The AOJ will have an opportunity to consider additional evidence and make reasonable efforts to obtain any missing service treatment records.

The Veteran's service-connected disabilities, including diabetic neuropathy, diabetes mellitus type II, degenerative arthritis of the lumbar spine, hearing loss, tinnitus, and sciatic nerve radiculopathy, preclude him from obtaining or maintaining a substantially gainful occupation. The Board granted his TDIU claim.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds additional evidence supports a higher rating.,Both knees are currently rated at 30 percent. The Veteran's right knee has been found to have limitation of flexion to 15 degrees or less on flare-ups, warranting a higher 30 percent rating.,The Veteran's right shoulder disability is currently rated at 20 percent and the Board finds additional evidence supports a higher 40 percent rating for this condition.

The Veteran's service-connected disabilities, including his TBI and tinnitus, rendered him unable to secure or maintain substantially gainful employment due to cognitive impairments and hearing loss.

The Veteran's claim for a 10 percent evaluation for supraventricular tachycardia, including sinus tachycardia and atrial fibrillation is granted. The claims for service connection for bilateral foot disorder (Athletes' Foot) and thoracolumbar spine disorder are remanded due to the need for additional medical examination and opinion.

The Veteran was granted separate 20 percent ratings for right and left lower extremity radiculopathy effective September 24, 2013 and April 3, 2014 respectively.,These decisions are based on the evidence showing that the Veteran's symptoms of radiculopathy in both legs became manifest before the dates specified.

The Board has granted service connection for degenerative arthritis of the cervical spine and degenerative arthritis of the lumbar spine, finding that these disabilities are related to the Veteran's active military service.,Service connection was also granted for sleep apnea, which is considered a separate issue from the neck and low back disabilities.

The Veteran's low back strain and degenerative disc disease of the lumbar spine are granted a 40% rating. Service connection for somatic symptom disorder is granted as secondary to service-connected disabilities, including his low back condition.

The Veteran's service-connected knee, back, and scar disabilities have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.

The Board has granted service connection for the Veteran's low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities as secondary to his service-connected left ankle disability.

The Board has dismissed the appeals for service connection for ear disability/vertigo and headaches as these claims have been granted.,Service connection is granted for lumbar spine degenerative disc disease and strain, but the Veteran's sinusitis was denied.

The Veteran withdrew his appeals for service connection for low back strain, bilateral hearing loss, and tinnitus.

The Board denied the Veteran's claims of service connection for sleep apnea, neck disability, and back disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Board denied service connection for thoracolumbar and cervical spine disorders, finding the conditions less likely than not related to service or within a year of separation.,The Board also denied entitlement to nonservice-connected pension prior to October 1, 2017 on the basis of countable income.

The Veteran's claim for an effective date prior to October 25, 2012, for service connection of a low back scar is granted. The claims for the addition of the Veteran's children as dependents are also granted with effective dates of October 31, 2016.

The Veteran's appeal was dismissed due to their death, and no service connection issues were decided.

The Veteran's claim for service connection for a back disability is being remanded due to inconsistencies in the STRs and lack of records from his treatment during service. The Board will seek an addendum VA medical opinion and additional development regarding potential in-service injuries.

The Board has denied the Veteran's claims for service connection for neck, back, right shoulder, and right leg disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his active military service.

The Board has granted the Veteran's claim for service connection for PTSD, and remanded the claims for bilateral hearing loss, back condition, left foot condition, and right foot condition.