Back / lumbar spine Board decisions

The Board has determined that new and relevant evidence has been received to warrant readjudication of the previously denied service connection claims for anxiety, depression, back condition, left ankle condition, and left knee condition.

The Veteran's appeal for service connection for a traumatic brain injury (TBI) was dismissed as the Veteran withdrew his request.,Service connection is granted for tinnitus, with the Board finding that it is due to in-service noise exposure.

The Board denied the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, a back disability, right shoulder disability, and left shoulder disability due to lack of new and relevant evidence.

The Veteran's current degenerative arthritis of the lumbar spine is being remanded for a determination on whether it is aggravated by his service-connected bilateral hip disorder.

The Veteran's cervical strain with spinal fusion is rated at 20 percent, and the Board denied an increased rating.,The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, and the Board denied an increased rating.

The Board denied the Veteran's claims for service connection for back, neck, right upper extremity radiculopathy, and left upper extremity radiculopathy disabilities. The evidence did not support a finding that these conditions were related to service or a service-connected disability.

The Veteran's claim for a disability rating in excess of 10 percent for a scar, residual of a cyst removed from the groin area is dismissed.,The Veteran's claim for an increased disability rating in excess of 20 percent for lumbar spine disability is denied. A 20 percent disability rating, but no higher, is granted.,The Veteran's claim for an increased disability rating in excess of 30 percent for PTSD is denied. A 10 percent disability rating, but no higher, is granted.,The Veteran's claim for a compensable disability rating for otitis media of the right ear is denied.,The Veteran's claim for a disability rating for chest wall muscle spasm, claimed as costochondritis, is granted with a 10 percent rating.,The Veteran's claim for an increased disability rating in excess of 20 percent for right ankle disability remains pending.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is not entitled to a higher rating for tinnitus or adjustment disorder with depressed mood, generalized anxiety disorder, and insomnia disorder due to the current schedular ratings being appropriate. Service connection has also been denied for pseudofolliculitis barbae, acne, constipation, muscle breakdown, cervical spine strain, lumbar spine strain, right hand/finger disorder, left hand/finger disorder, right knee disorder, left knee disorder, migraine headache, residuals of tonsillectomy, and shoulder disorders.

The Veteran's major depressive disorder and lumbar spine disability render him unable to secure or follow substantially gainful employment for the period prior to February 11, 2019. Beginning on February 11, 2019, he was in receipt of a combined schedular rating of 100 percent and is no longer unemployable solely due to one disability.

The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's lower back disability, specifically whether it is related to his time in service. The Veteran will need a VA examination to provide an opinion on this matter.

The Board has granted service connection for left tibialis anterior muscle strain and lumbar spine degenerative arthritis, finding that the Veteran's conditions are related to his military service.

The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.

The Veteran's claims for effective dates earlier than January 18, 2022, for the grant of initial 20 percent ratings for his low back disability and bilateral lower extremity radiculopathy were denied.,The Veteran's claims for effective dates earlier than January 18, 2022, for the grant of initial 20 percent ratings for his right lower extremity sciatic nerve radiculopathy and bilateral lower extremity femoral nerve radiculopathy were denied.

The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.

The Veteran's ulcerative colitis is granted service connection, but his jaw condition, lumbar spine condition, bilateral hip condition, cervical spine disability, bilateral shoulder condition, Gulf War illness, sleep disturbances, and headache condition are denied due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities resulted in the effective loss of use of one or both feet, allowing him to be eligible for an automobile allowance and adaptive equipment.

The Veteran withdrew his appeals for an increased rating for thoracolumbar strain and service connection for bilateral lower extremity peripheral neuropathy prior to the Board's decision.

The Veteran's claim for service connection for status post left orchiectomy was denied due to the absence of relevant new evidence. The Board found that the evidence at the time of the November 2016 rating decision already established that the Veteran had undergone a left orchiectomy during service.,The Veteran's claims for service connection for bilateral eye disability, sleep apnea, and lumbar spine disability were granted as there was new relevant evidence received since the August 2016 rating decision.

The Board has remanded the Veteran's claims for lumbar spine and left shoulder disabilities due to a lack of adequate medical opinions and missing VA treatment records. The Veteran is seeking service connection for these conditions, which are presumed to be related to his military service.

The Veteran is granted an effective date of September 5, 2019 for the grant of a TDIU based on his service-connected PTSD, thoracolumbar spine arthritis, and cervical spine IVDS.