Back / lumbar spine decisions — 2016

The Board has denied the Veteran's claims for service connection for hemorrhoids and a rating in excess of 10 percent for low back strain with degenerative disc disease, finding that there is no evidence to support these claims.

The Veteran's claim for TDIU prior to September 29, 2010 was granted. The effective date of the grant is not specified in the decision.

The Board denied the Veteran's claims of service connection for a low back disability, right leg arthritis, and right leg gunshot wound. The rating decision also granted an increased rating for residuals of a gunshot wound to the right leg and separate ratings for shortening of bones in the right leg and a painful scar on the right leg.

The Veteran's claims for increased ratings for lumbar sprain and reactive airway disease were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has granted service connection for PTSD and combined it with the already service-connected anxiety disorder. The Veteran's representative filed a NOD appealing the initial disability ratings assigned for the anxiety disorder with PTSD, and the RO issued an August 2016 rating decision granting a TDIU retroactively effective from October 14, 2015. A remand is necessary to ensure proper duty-to-assist notice and VA examinations are provided.

The Board has determined that the Veteran does not have a current low back disorder or right foot condition (other than pes planus) that is related to service. The earlier effective date claim for erectile dysfunction remains pending.

The Board has remanded the case due to incomplete records and additional development is required.

The Board has ordered the VA to obtain and associate with the file any available treatment records from January 2016 to present, as well as a complete and viewable copy of the Veteran's entrance examination. The case is then being remanded for further development.

The Veteran's appeal for an initial rating greater than 10 percent for a right shoulder disability prior to December 16, 2008, and a rating greater than 20 percent from December 16, 2008 is dismissed. The Board granted the Veteran a TDIU based on his service-connected disabilities.

The Board has granted service connection for a low back disorder, bilateral knee disorder, neuropathy of the bilateral lower extremities, and residuals of frostbite to the feet due to credible evidence linking these conditions to service. The Veteran requires regular aid and attendance as a result of his service-connected disabilities.

The Board has granted service connection for corns and calluses of the feet, and a rating in excess of 10 percent for GERD. The Veteran's claims for knee disabilities, OSA, flat feet, and low back disability are pending.

The Board has granted service connection for the Veteran's conditions as secondary to his service-connected hemoglobin sickle cell disease, but did not assign a specific effective date due to lack of evidence prior to November 16, 2005.

The Board has granted service connection for a low back disability and assigned an initial noncompensable rating. The Veteran's appeal regarding the right eye disability is remanded.

The Veteran's appeal is being remanded for additional development to obtain STRs and SPRs, as well as VA treatment records. A VA examination will be scheduled to address the nature, extent, onset, and etiology of his claimed conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his service-connected inner lower lip scar, traumatic brain injury, and lumbar spine disorder.

The Veteran's claims for hearing loss, tinnitus, headaches, back condition, joint pain, and psychiatric disorder were denied as there was no evidence of a nexus between the conditions and service.

The Veteran's service-connected disabilities, including schizoaffective disorder and migraine headaches, have met the percentage requirements for a TDIU from January 15, 2008 to August 31, 2015. The evidence is in relative equipoise as to whether her service-connected psychiatric disorders prevented her from obtaining and retaining substantially gainful employment.

The Veteran's claims for service connection for a back disability, bilateral hearing loss, and tinnitus have been reopened. The evidence now shows that the Veteran has current diagnoses of these conditions.,Service connection is granted for tinnitus as it is etiologically related to his period of active service.

The Board has reopened the Veteran's claims for service connection for low back disability and neurological disability of the upper extremities, but remanded to obtain additional medical records and schedule VA examinations. The initial rating claim remains pending.

The Board denied the Veteran's claims for increased rating for hemorrhoids, service connection for peptic ulcer disease, and residuals of a low back injury including chronic disc degeneration as his conditions were not related to service or due to an established exposure basis.