Back / lumbar spine decisions — 2018

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA examinations to determine the current severity of the Veteran's service-connected bilateral hearing loss and to address the nature and etiology of his claimed conditions.

The Veteran's claim for service connection for sleep apnea is granted. The Board finds that the preponderance of evidence supports a finding that the Veteran has sleep apnea that had its onset during his active military service.

The Veteran's appeal is remanded due to unclear employment status and the need for a VA examination to assess his ability to secure or follow gainful employment.

The Veteran's claims for service connection and increased rating for lumbar spine, hip disabilities, and skin disability are being remanded due to the need for additional examinations and development of medical records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a low back disability, ulcer, and migraine headaches. The claim for migraine headaches is granted as there is sufficient evidence to support the diagnosis.

The Board has determined that the Veteran's low back and cervical spine disabilities are related to his military service, granting service connection for these conditions.

The Board found no evidence of a low back injury or disease during service and denied the Veteran's claims for service connection for both her low back disability and hypertension.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran with a VA examination to determine the nature and etiology of his low back and left foot disabilities. Additionally, he will be scheduled for another VA examination to assess the severity of his service-connected PTSD with alcohol abuse.

The Board found that the Veteran's current lumbar spine disability is not due to his service or a service-connected condition, and thus denied his claim for service connection.

The Board found that the Veteran's left knee, hip, and low back disorders were not incurred or aggravated by service or service-connected conditions. The evidence did not establish a direct connection to service.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and a VA examination to determine if his service-connected disabilities render him in need of regular aid and attendance or housebound.

The Board has determined that the Veteran is entitled to an annual clothing allowance due to his use of a right-knee brace and back brace for service-connected disabilities, as well as skin medication applied on his torso. The decision resolves all doubts in favor of the Veteran.

The Veteran's claim for service connection for multiple myeloma has been reopened. His erectile dysfunction is not compensable, but his neuritis of the left and right lower extremities are rated at 20% and 40%, respectively. The Veteran's lumbar spine strain remains at a non-compensable rating.

The Veteran's appeal includes claims for various disabilities, including a right elbow disability, back disability, hand disorder, hearing loss, headaches, swollen glands, female problems and menstrual disorders, abdominal pain (residuals of hysterectomy), hypertension, left arm pain, right arm pain, left wrist pain, right hand pain, left knee pain, right knee pain, and bilateral foot disorder. The claims are being remanded for further development and consideration.

The Veteran's claim for an earlier effective date for the award of a 20 percent disability rating for a tender scar below naval was denied. The Board found that there is no evidence within one year prior to September 24, 2013 indicating an increase in severity.,The Veteran's claim for an increased initial rating for her lower back disability was denied. The Board determined that the current level of disability does not warrant a higher rating based on the criteria set forth in the Rating Schedule.

The Board has ordered a remand for further development and examination of the Veteran's service-connected IVDS disability, including range of motion testing. The case will be returned to the RO for readjudication.

The Board finds that the Veteran's heart or chest pain disorder is not related to service and is not caused by his service-connected anxiety disorder.

The Veteran's prostate disability is service-connected as secondary to his service-connected left varicocele. The low back disability claim remains pending, and the initial compensable rating for the left varicocele has been granted.

The Board found no evidence of a chronic back disability or radiculopathy in the right foot that is related to service. The Veteran's current complaints do not meet the criteria for service connection.

The Board has remanded the claims for service connection, rating higher than 10 percent for residuals of a fracture of the 4th toe of the left foot with Morton's neuroma, and nonservice-connected pension due to additional development being required.