Back / lumbar spine decisions — 2018

The Veteran's service connection claims for neuropathy of the bilateral upper and lower extremities, lung disorder, residuals of malaria, blood disorder, skin disorder, low back disorder, and hip disorder are all granted as they are considered to be related to his service-connected diabetes mellitus.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and private medical records, scheduling VA examinations to address his claimed psychiatric and orthopedic disabilities, and readjudication of the claims.

The Board has remanded the case due to missing statements of the case and VA Form 9 addressing the issues on appeal from the October 2009 and March 2010 rating decisions, as well as any other outstanding VA adjudicatory, developmental or evidentiary records.

The Veteran's service-connected disabilities, including chronic muscular strain low back, depressive disorder, degenerative disease of the right ankle, Osgood-Schlatter's disease of the left knee, tinnitus, arthritis of the right knee, and right ear hearing loss, preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeals for higher ratings have been withdrawn.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's low back disability, including a lumbosacral strain, chronic low back pain with osteoarthritis and L4-5 spinal stenosis, had its onset during service and is therefore granted service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and a more current VA examination.

The Veteran's service-connected disabilities are found to preclude gainful employment, and a TDIU is granted.

The Veteran's service-connected degenerative disc disease of the lumbar spine has not met the criteria for a higher evaluation at any point on appeal.

The Veteran withdrew his appeals for service connection for a skin condition, increased evaluations for PTSD, degenerative joint disease of the lumbar spine, and tinnitus, as well as TDIU. The case is dismissed.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his military service and resolving reasonable doubt in his favor.

The Veteran's claims for service connection for chronic fatigue syndrome, low back disorder, skin condition, and chronic cough have been denied. The Board found that the evidence did not support a finding of direct service connection for these conditions.

The Board has granted service connection for an acquired psychiatric disorder, including major depressive disorder with somatic symptoms and obsessive-compulsive disorder. The remaining issues have been remanded as they require further development.

The Veteran's representative has withdrawn the appeals for increased ratings for degenerative arthritis of the cervical spine and lumbar strain with degenerative disc disease L5-S1.

The Board has decided to remand the Veteran's claims for additional development due to outstanding VA medical records and an inadequate VA examination.

The Board has determined that the Veteran's neck and back disorders are not related to service, as there is no evidence of in-service injury or disease. The acquired psychiatric disorder (claimed as PTSD) claim cannot be established due to lack of a confirmed in-service stressor.,Service connection for these conditions cannot be granted as they are not shown to have been incurred during active duty.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and records.

The Veteran's claim for service connection for a psychiatric disorder was granted, while the claim for service connection for a low back disability was denied. The decision is considered 'mixed' as it includes both grants and denials.

The Veteran's appeal was dismissed due to his death, and no effective date for the 40 percent rating is being granted as he has passed away.