Back / lumbar spine decisions — 2018

The Veteran's low back disability is considered service-connected as it has been shown to have developed since his military service, with a current diagnosis of arthritis of the lumbar spine.

The appeal for an increased rating for tinnitus is dismissed.,New and material evidence has been received to reopen the claims of service connection for a back disability and Hepatitis C, and these claims are allowed. Further assistance is needed to determine if there is a current disability related to service.,Service connection for bilateral hearing loss disability is denied as it did not manifest in service or within the applicable presumptive period, and continuity of symptomatology is not established.,The appeal for service connection for right shoulder disability is remanded due to lack of evidence linking the condition to service.,The appeal for service connection for right ankle disability is remanded due to lack of evidence linking the condition to service.,The appeal for service connection for neck disability is remanded due to lack of evidence linking the condition to service.,Further assistance is needed to determine if there is a current disability related to service.

The Veteran withdrew his appeals for several conditions, including numbness of the right upper extremity, left elbow numbness, right knee disability, back condition, left knee condition, and skin disorder. As a result, all these issues are dismissed.

The Veteran's back disability is currently rated at 20 percent, and the Board has ordered a new VA examination to assess its current severity.

The Board has remanded the claims for service connection and TDIU due to unresolved issues, including lack of ankylosis in the spine. The Veteran's back disability remains rated at 60%.

The Board denied service connection for diabetes mellitus, type II and remanded the issue of a rating in excess of 20 percent for lumbar strain.

The Board has remanded the Veteran's claims for service connection for various knee, back, hip, and numbness disorders. The issues have been returned to the RO for additional development.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of records.

The Veteran's service-connected disabilities have at least as likely as not prevented her from engaging in substantially gainful employment since November 21, 2011. The Board finds TDIU is warranted as of November 21, 2011 based on the evidence currently of record.

The Veteran's hypertension and low back injury with scoliosis and degenerative changes of thoracic spine are granted service connection. The Veteran's diabetes mellitus, type II is denied as not incurred in or aggravated by service. The Veteran's hiatal hernia is granted a 20 percent evaluation.

The Veteran's claim for increases in the staged ratings of his low back disorder and TDIU prior to June 7, 2016 is denied. The service connection claim for a psychiatric disorder (to include PTSD) secondary to his low back disorder remains pending.

The Board has remanded the claims for service connection for a back disability and memory loss due to undiagnosed illness, as additional development is needed. Specifically, the National Archives and Records Administration must be contacted to obtain VA Medical Center records from 1997 to 1999 in Marion, Indiana.

The Veteran's claim for service connection for lumbar spine degenerative disc disease was denied in a March 1987 rating decision. The Board found no clear and unmistakable error (CUE) in this decision, as the evidence before the RO at that time did not show a chronic back condition or recurrent back pain. The Veteran's claim was subsequently reopened on May 8, 2008, leading to the current effective date for service connection.

The Board has remanded the claims due to new evidence being added to the record since the last supplemental statement of the case.

The Board has granted the Veteran's claims for service connection for left knee, right knee, and back disabilities. The evidence is at least in equipoise as to whether these conditions are related to his military service.

The Board has determined that further evidentiary development is necessary for the Veteran's claims of service connection and increased ratings for various disabilities, including bilateral foot conditions, varicose veins, hypothyroidism, and lumbar spine disability.

The Veteran withdrew his appeal for a higher rating in excess of 20 percent for degenerative disc disease of the lumbar spine.

The Board has granted service connection for a back disability and denied service connection for right and left ankle disabilities, as well as gastrointestinal disability. The back disability is attributed to an in-service injury. Right and left ankle disabilities are not shown to be related to service or any other condition. Gastrointestinal disability is not established.

The Board has determined that the VA examination reports are insufficient for adjudicative purposes and a new medical opinion is needed to determine if the Veteran's back disability is related to service, including exposure to detonations in Iraq or treatment during his period of ACDUTRA in 2004.

The Board has granted service connection for left knee degenerative joint disease and right knee degenerative joint disease. Service connection is also granted for lumbar spine disability, but the appeal regarding this issue was remanded.