Back / lumbar spine decisions — 2018

The Veteran's TDIU claim is remanded due to missing private treatment records and the need for a new VA examination to assess his employment capacity.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection of a right hip disability as secondary to his service-connected degenerative changes, lumbar spine, L5-S1. Specifically, the Board requests that SSA records be obtained and an addendum opinion from the June 2014 VA examiner be provided.

The Veteran's appeals for increased ratings in excess of 10 percent for left ear scar, posterior trunk scar, lumbar spine disability, fecal urgency and soiling, and hemorrhoidectomy have been dismissed due to the Veteran withdrawing his appeals before the Board.

The Veteran's right elbow disability is granted as incurred or aggravated during active duty service.,Tinnitus is presumed to have been incurred in service due to noise exposure during military service.,Chronic fatigue syndrome and urinary disorder are not diagnosed, thus denial of these claims.,Cervical and lumbar spine disabilities are remanded for further evaluation.

The Veteran's service-connected disabilities, including his inguinal hernia repairs and hemorrhoids, do not render him unable to obtain or maintain substantially gainful employment. The Board found that the medical evidence does not support a finding of unemployability due to these conditions.

The Veteran's IBS and lumbar spine disability are granted. The IBS is service-connected, while the lumbar spine disability receives a 40% evaluation.

The Board has remanded several issues, including service connection for myelitis (claimed as Guillain Barre syndrome), migraines, a low back condition, left knee chondromalacia patella and degenerative arthritis, and right knee chondromalacia patella and degenerative arthritis. The appeal is not about the initial rating for bilateral hearing loss or service connection for malaria.

The Board has remanded the claims for service connection for bilateral hearing loss, hypertension, deviated septum, residuals of pneumonia, lumbar spine disorder, and bilateral hip disorder due to incomplete VA outpatient treatment records. The Veteran is to be provided with another VA audiometric examination to determine if he currently has a hearing loss disability as defined by 38 C.F.R. § 3.385. Additionally, the Veteran is to be afforded VA examinations addressing his claims for service connection for residuals of pneumonia and lumbar spine disorder that include medical opinions documenting consideration of his assertions of continuity of symptomatology from service to the present time.

The Board has remanded the claims for service connection of a neck disability and bilateral hip disability, both secondary to service-connected back disability. The Veteran's neck and hip disabilities are currently under review with additional medical opinions required.

The Board denied service connection for low back, left knee, neck, right shoulder, and left shoulder disorders. The Veteran's current conditions are not related to his military service.,Service connection was also denied for a right knee disorder.

The Board has remanded the Veteran's claims for additional development due to issues with the adequacy of prior VA examinations and the need to obtain Social Security Administration records.

The Veteran's claim for service connection for a low back disability was reopened, and he is now granted secondary service connection for a right shoulder disability due to his cervical spine disability. The rating for ocular rosacea with chronic conjunctivitis, blepharitis, and dry eye syndrome remains at 10 percent. A separate rating of 20 percent is granted for bilateral lacrimal duct disorder. Other issues are remanded.

The Veteran's claim for service connection for a back disability, including L5-S1 degenerative disc disease, was reopened and granted. The Veteran is also granted service connection for depression. However, the rating for small intestine resection with bowel obstruction remains at 40 percent.

The Board has granted service connection for bilateral hearing loss. The cases of low back disability and psychiatric disorder (including PTSD, depression, and anxiety) are remanded due to the need for additional development.

The Board has reopened the Veteran's claim for service connection for bilateral lower extremity radiculopathy and remanded his claims for service connection for a low back condition, bilateral lower extremity radiculopathy (secondary to a low back condition), and an acquired psychiatric disorder. The case is now before the RO for further development.

The Board denied service connection for a back disorder and denied an initial compensable rating for bilateral hearing loss. The Veteran's DDD of the lumbar spine was not found to have begun during active service, or be related to any in-service injury, event, or disease. His bilateral hearing loss did not meet the criteria for a compensable rating.

The Board has remanded the issues of service connection for a back disability, bilateral foot disabilities, skin condition, and scars due to insufficient evidence.

The Board has remanded the issues of service connection for bilateral hearing loss, left knee condition as due to service-connected right knee condition, and back condition as due to service-connected right knee condition. The claim for a rating in excess of 10 percent for tinnitus is denied.,Service connection for tinnitus was not granted because the Veteran's tinnitus does not meet the criteria for an increased schedular evaluation under Diagnostic Code (DC) 6260, and extraschedular consideration is not warranted.

The Board has dismissed all claims as the Veteran died during the appeal process.

The Veteran's claims for service connection have been reopened and are now pending. The Board has ordered additional development to obtain VA treatment records, as well as examinations to determine the existence and etiology of various conditions.