Back / lumbar spine decisions — 2019

The Board dismissed the appeal for service connection of a personality disorder due to the Veteran's withdrawal.,Service connection for back disorder was denied as there is no evidence that the current condition began during or is related to active service.,Service connection for bilateral hearing loss was also denied because it did not manifest within one year after service and there is no evidence linking it to in-service noise exposure.

The Board has remanded the claims of service connection for low back disability, left knee disability, and left shoulder disability due to insufficient opinions from VA examiners regarding the nature and etiology of these conditions.

The Veteran's tinnitus is granted as service-connected.,For the period prior to June 7, 2018, an initial evaluation in excess of 30 percent for PTSD is denied.,For the period beginning June 7, 2018, an initial evaluation in excess of 70 percent for PTSD is denied.,Service connection for a lower back disability and sleep apnea are remanded due to insufficient evidence.,The Veteran's service-connected PTSD may be secondary to his service-connected asthma.

The Veteran's claims for service connection and increased rating have been granted. Service connection is established for depression with PTSD, and a 70 percent disability rating has been assigned.

The Veteran's claim for a higher rating for PTSD was denied as the symptoms do not meet the criteria for a 100 percent rating.,The Veteran's claim for a higher rating for his lumbar spine disability was also denied, with the current 20 percent rating being deemed appropriate based on the evidence of record.

The Board has decided to remand the case due to the need for additional development and examination, including obtaining service records related to a fight during service in Vietnam.

The Board has found that additional development is needed due to new and relevant VA treatment records submitted by the Veteran. These records were not reviewed as they relate to the Veteran's claims of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for a right knee disorder, a right hip disorder, a right lower extremity disorder, and a low back disorder.

The Board has remanded the claims for service connection for sinus problems, left ear hearing loss disability, sleep apnea (to include as secondary to bipolar disorder), gout, bilateral knee disabilities, and back disability due to new evidence submitted by the Veteran. The claims are being remanded for further development.

The Board has remanded the Veteran's claims for service connection due to unclear NOD and incomplete records. The claims are being remanded for further development including obtaining private medical records, determining whether ACDUTRA or INACDUTRA periods affect service connection, and scheduling VA examinations.

The Board has determined that the VA examinations for the Veteran's service-connected lumbar spine degenerative arthritis and right inguinal hernia repair residuals were not conducted at the requested location in Ann Arbor. As a result, these cases are being remanded to schedule new examinations.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's claimed disabilities, as well as their relationship to service-connected conditions.

The Veteran's lumbar spine disability is rated at 40 percent prior to June 25, 2014 and from June 25, 2014. The left lower extremity radiculopathy is rated at 20 percent. The left knee patella tendon tear and instability are both rated at 20 percent. The right Achilles tendonitis is rated at 20 percent. The bilateral pes planus is rated at 30 percent prior to June 25, 2014 and from that date.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed disabilities. The issues include low back disability, bilateral radiculopathy, left hip disability, right hip disability, and sleep apnea.

The Board has decided to remand the Veteran's claim for an increased evaluation of his service-connected lumbar spine disability due to a lack of VA examination, and requests that another one be conducted.

The Veteran's PTSD has been granted a 100% schedular rating, effective as of the date of the decision. The issues regarding right knee and left knee disabilities, cervical spine disability, and TDIU are remanded for further development.

The Veteran's claims for service connection for residuals of a left shoulder injury, nerve damage of the low back, type II diabetes mellitus, prostate cancer, and erectile dysfunction have all been denied. The claim for residuals of stroke (balance problems) has not been reopened.,Service connection was not granted as there is no evidence linking any current disabilities to service or herbicide exposure.

The Veteran's claims for increased evaluations of lumbosacral strain and esophagitis are being remanded due to the need for additional examinations and development.

The Veteran's claims for service connection for PTSD prior to April 2018, increased ratings for intervertebral disc syndrome with degenerative disease of the lumbar spine and radiculopathy of both lower extremities, and TDIU prior to April 2018 are all denied.

The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.,Tinnitus was granted service connection, but the rating remains at 10 percent.,Sleep apnea, bilateral hearing loss, chronic neck pain, erectile dysfunction, right inguinal hernia, and an acquired psychiatric disorder are all remanded for further review.,The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.

The Veteran's claims for service connection for a back condition, bilateral foot skin rash, coronary artery disease (CAD), hypertension, and diabetes mellitus type II have been granted.,Service connection has also been granted for erectile dysfunction.