Back / lumbar spine decisions — 2019

The claim for service connection for tendonitis of the right forearm is denied as there is no current qualifying disability.,The petition to reopen the claim for service connection for a low back disorder was denied before March 2009, and new and material evidence has not been received since then. The claim remains denied.,The claim for an increased evaluation for gastritis is denied as symptoms have not worsened significantly after April 13, 2016.,The claim for an increased evaluation for anemia (secondary to gastritis) is remanded as the evidence is insufficient to determine if it qualifies as new and material evidence.

The Board has denied service connection for vertigo and remanded the issues of service connection for lumbar spine disorder and left foot disorder. The case is being returned to the RO for further action.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's low back disorder. The examiner did not consider the Veteran's lay statements about his in-service injury and onset of symptoms, nor did they address whether any injuries sustained during ACDUTRA are related to service.

The Veteran's back condition, right shoulder pain, and bilateral plantar fasciitis are all found to be related to service. The Veteran is granted service connection for these conditions.,Service connection has been established for DJD of the lumbar spine, a right shoulder condition manifested by pain, and bilateral plantar fasciitis.

The Board has remanded two issues: service connection for a low back disability and service connection for a skin condition of the bilateral feet and legs. The reasons given are that the VA opinions were not adequate due to lack of service records, and a new examination is needed.

The Board has remanded the case due to the appellant's incarceration, and a VA examination is needed to determine if his current back disorder is related to service.

The Veteran's claim for service connection for cervical strain was granted with a 20 percent rating, while his claim for service connection for a mid/lower back condition was denied.

The Board has denied the Veteran's claims of service connection for lumbar and cervical spine disorders, finding that there is no evidence linking these conditions to his active duty service.

The Board has determined that there is a need to verify the Veteran's correct claims number, request his service treatment records from NPRC and other appropriate entities, and re-adjudicate the claims. The appeal will be returned for further development.

The Board has reopened the claims of service connection for hypertension, acquired psychiatric disorder, back disorder, and left knee disorder. The evidence submitted since the October 1998 rating decision is new and material, thus allowing these claims to be reopened.

The Veteran's PTSD and back disability are granted as service-connected. The Board found that the current disabilities were caused by in-service events, with no evidence of pre-existing conditions or other theories of connection.

The Veteran's PTSD is rated at 50 percent, and he has other service-connected disabilities that meet the threshold for a TDIU. The appeal is granted as to both issues.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and related lower extremity radiculopathy, as well as a claim for a compensable rating for left foot strain. The AOJ is instructed to schedule VA examinations and complete an SSOC addressing these issues.

The Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities have been denied as there is no evidence that warrants a higher rating based on current symptomatology.

The Veteran's appeals for eligibility for assistance in acquiring specially adapted housing, service connection for diabetes mellitus type II, and hypertension are remanded due to the need for additional medical opinions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including new VA examinations.

The Veteran's service-connected disabilities do not render her unable to obtain and maintain substantially gainful employment, as she has the necessary education and experience for a sedentary job.

The Veteran's service connection claims for a back disability, left and right knee disabilities, bilateral hearing loss disabilities, and psychiatric disorders are all denied as they were not incurred or aggravated by his military service.

The Veteran's migraine headaches are not related to his service and are not otherwise causally or etiologically related to his service-connected lumbar spine disorder.,The Veteran's bilateral upper extremity radiculopathy is not related to his service and is not otherwise causally or etiologically related to his service-connected lumbar spine disorder.,Prior to April 30, 2019, the Veteran’s bilateral hearing loss was not manifested by more than Level II hearing impairment in either ear. After that date, it was not manifested by more than Level IV hearing impairment in either ear.,Beginning on May 1, 2019, the Veteran's right lower extremity sciatica was manifested by no more than moderate incomplete paralysis of the right sciatic nerve.,The Veteran’s left lower extremity sciatica is currently rated as 20 percent disabling. The Veteran does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for a higher evaluation for his neurological disability and TDIU due to service-connected disabilities. The VA is instructed to obtain any outstanding treatment records, particularly those from Dr. W.T., and ask the Veteran to submit additional information regarding his education and work history.