Back / lumbar spine decisions — 2019

The Board has remanded the issues of entitlement to service connection for left ear hearing loss, entitlement to a compensable initial rating for right ear hearing loss, and entitlement to higher initial ratings for right and left knee strain with patellofemoral pain. The Veteran must file a timely substantive appeal to perfect an appeal to the Board of these issues stemming from the March 2017 rating decision.

The Veteran's service-connected disabilities, including his bilateral knee and back conditions, have rendered him unable to secure or follow a substantially gainful occupation since January 4, 2012. Prior to that date, the evidence did not support a TDIU claim.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Board has remanded several issues related to the Veteran's neck, low back, and bilateral upper and lower extremity conditions due to insufficient evidence regarding their onset during active duty or their relationship to service-connected disabilities.

The Veteran's service-connected disabilities were not rated as totally disabling until February 1998, less than eight years prior to his death. Therefore, the criteria for an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2) have not been met.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to the need for an addendum opinion from the VA examiner who conducted the August 2016 back examination.

The Board has denied service connection for erectile dysfunction and remanded the issues of whether new and material evidence has been received to reopen a claim for service connection for a bilateral eye disability, low back disability, headaches, hepatitis C, acquired psychiatric disorder (claimed as PTSD and depression), and seizure disorder.

The Board denied the Veteran's claim for TDIU due to service-connected disabilities from February 4, 2016, finding that he engaged in substantially gainful employment and did not meet the schedular criteria for TDIU.

The Veteran's claims for service connection have been reopened, but the specific conditions remain unresolved.,Service connection has not yet been established for all of the claimed disabilities.

The Veteran's claims for service connection for tinnitus and a low back disability have been reopened. The Board has determined that the evidence is in equipoise as to whether the Veteran's tinnitus is related to his active service, but finds that additional development is needed before deciding the claim of service connection for a low back disability.

The Veteran's claims for service connection for a tongue disability and residuals of a low back strain have been remanded due to the need for additional medical examination and development.

The Board has remanded the claims for a rating in excess of 20 percent for lumbar spondylosis with degenerative disc disease and service connection for lumbar radiculopathy of both lower extremities due to new evidence suggesting a material change in condition.

The Board has determined that a new VA examination is needed to determine the nature and etiology of any low back disability, including lumbar arthritis with bulging disc, foraminal stenosis, and hypertrophic facet arthrosis. The Veteran's active service may be related to his current back disabilities.

The Board has found that a remand is necessary due to the inadequacy of the VA examination report, and the claim must be returned for further development.

The Board denied service connection for a lumbar spine disability, left eye disorder, erectile dysfunction, headaches, and an acquired psychiatric disorder (memory loss). The evidence did not support the Veteran's claims of in-service onset or causation.,There was no medical evidence linking any of these conditions to service. The Veteran reported experiencing symptoms during deployment but provided no credible etiological link.

The Board has denied service connection for a low back condition and remanded the issues of service connection for right hand, left knee osteoarthritis, right knee, and bilateral hearing loss.

The Board has decided to remand the claim of service connection for a low back disability due to inadequate medical opinions and need for further examination.

The Veteran's low back condition, left knee strain, and right leg disability are all granted service connection. The low back condition is linked to an in-service injury, the left knee strain is secondary to the lumbar condition, and there is no current evidence of a right leg disability.

The Veteran's claims for joint pain, back disorder, anxiety disorder, eating disorder, left shoulder arthritis, right shoulder arthritis, left knee osteoarthritis, and right knee osteoarthritis have all been denied. The claim for allergic rhinosinusitis was previously denied but is being reviewed de novo.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.,Service connection for tinnitus is granted, with the condition having onset during active service.,Service connection for a left elbow condition is denied.,Lumbar spine multi-level degenerative disc disease and right elbow lateral epicondylitis status post tendon repair are remanded due to unclear periods of service.,Plantar fasciitis and hypogonadism/low testosterone are also remanded, with the same issue regarding unclear periods of service.,Service connection for hypothyroidism is also remanded.