Back / lumbar spine decisions — 2019

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU rating. However, due to his education level and prior work experience as a mechanic and truck driver, combined with current service-connected back and leg disabilities, the Board finds that he is precluded from obtaining or maintaining substantially gainful employment solely due to service-connected disabilities. The case is therefore remanded for further consideration of TDIU.

The Board denied service connection for a low back disability, left knee disability, heart disability, psychiatric disorder including PTSD, and kidney disability due to the lack of evidence linking these conditions to service.,There was no credible evidence supporting the Veteran's assertions that he incurred or aggravated any of these disabilities during his military service.

The Board has dismissed the appeals for left ankle and right ear hearing loss as withdrawn. The remaining issues of service connection for back, left knee, right ankle, and sleep apnea disabilities are remanded for further development.

Service connection for tinnitus and chronic fatigue syndrome is granted.,Service connection for degenerative arthritis of the spine with intervertebral disc prolapse (claimed as low back injury) is remanded.

The Veteran's claim for service connection for food allergies has been reopened, and the Board finds new and material evidence to support this. The remaining claims of service connection for left knee disability, right knee disability, upper back disability, and low back disability are remanded due to a lack of adequate medical examination.

The Veteran's claim for increased ratings for his service-connected chronic lumbar strain is being remanded due to the need to obtain outstanding Social Security Administration (SSA) records and schedule him for an adequate VA examination.

The Board has remanded the cases for further development and examination, as well as to address whether service connection can be established for a low back disability, a psychiatric disorder, or TDIU.

The Veteran's appeal for service connection for a lumbosacral spine disorder and a fungal disorder of the right hand is dismissed. The effective date of December 23, 2013 for service connection for GERD associated with chronic sinusitis is granted. The appeals for rating in excess of 10 percent for chronic sinusitis and sinus headaches associated with chronic sinusitis and service connection for obstructive sleep apnea are remanded.

The Veteran's claims for service connection for a low back disability, gastritis, vision disability, sleep apnea, and hypertension have been remanded due to the need for additional medical examinations.,A new effective date of earlier than July 9, 2010, for service connection for coronary artery disease is also being remanded.

The Board has reopened the claim of service connection for a lumbar spine disability and remanded the issue of service connection for a neck disability. The Veteran's claims are being reviewed to determine if his current disabilities were incurred in or aggravated by active duty.

The Board denied service connection for a back disorder and stayed adjudication of the lung disorder claim due to VA's stay on cases affected by the Blue Water Navy Vietnam Veterans Act of 2019.

The Veteran's claim for an increased rating of his degenerative disc and joint disease of the lumbar spine was denied, as it did not meet the criteria for a higher rating. The Board also denied service connection for erectile dysfunction secondary to his service-connected back disability.

The Board has remanded the case due to inadequate examination findings regarding the Veteran's lumbar spine disability, specifically lack of estimates for range of motion during flare-ups.

The Veteran's appeal is remanded due to the inadequacy of the August 2017 VA examination, which did not address functional loss during flare-ups and pain. Updated VA treatment records are needed, and a new orthopedic specialist examination is required.

The Board has remanded the Veteran's claims for an increased rating for his degenerative arthritis of the lumbosacral spine and for a TDIU due to service-connected disabilities. Additional development is needed, including obtaining updated VA treatment records, scheduling the Veteran for a VA examination, and providing him with a formal TDIU Application form.

The Veteran's front tooth disability is not service-connected for compensation purposes due to lack of evidence of in-service trauma resulting in bone loss.,Service connection was granted for the front tooth disability for VA outpatient dental treatment purposes as it resulted from in-service trauma. The low back disability is denied as there is no evidence of a disease or injury incurred during service.

The Board has reopened the claim of service connection for a lumbar spine disability due to new evidence provided by a private neurosurgeon, which suggests that the Veteran's back pain in service was not temporary and is related to his military service. The claim remains denied as there is no causal relationship between the current lumbar spine disability and service.

The Veteran's left shoulder condition is rated at 20 percent, and his back condition is rated at various levels prior to March 3, 2015; from March 3, 2015, to February 1, 2019; and thereafter. Both conditions are denied for increased ratings.

The Board has remanded several issues related to the Veteran's claims for service connection, including diabetes mellitus, bilateral hearing loss, and PTSD. The claims are being returned for additional development.

The Veteran's service-connected disabilities meet a combined rating of 60 percent, but the Board has referred the issue to the Director for extraschedular consideration due to evidence suggesting his disabilities impact his ability to maintain substantially gainful employment.