Back / lumbar spine decisions — 2019

The Veteran's claims for service connection and higher ratings are being remanded due to the need for additional examinations and development of records.

The Veteran withdrew her appeal for increased ratings and effective dates related to lower extremity radiculopathy and intervertebral disc syndrome of the lumbar spine.

The Board has remanded the Veteran's claims for additional development due to conflicting medical opinions and lack of consideration regarding pre-service onset or aggravation.

The Veteran's claim for hepatitis C was denied due to lack of evidence linking the condition to service. The new evidence submitted does not relate to this issue.,Prostate cancer was denied as there is no evidence of in-service exposure or a link to Agent Orange exposure, and the preponderance of evidence does not support a finding that prostate cancer is related to service.,Type II diabetes mellitus was denied due to lack of evidence linking it to service. The Veteran's claim for hearing loss was also denied.,Low back disorder was denied as there is no evidence of a chronic condition in service or a link to service, and the Veteran did not provide sufficient evidence to reopen his low back disorder claim.,The Veteran's hearing loss claim was denied.

The Board has denied the claim for service connection for tinnitus and has remanded the issue of initial disability rating for degenerative disc disease of the lumbosacral spine.

The Board has decided that an effective date of August 20, 2003, but not earlier, is granted for the award of service connection for right knee scars. The issues of entitlement to higher ratings for lumbosacral strain and left knee strain are remanded.

The Board has remanded the Veteran's claims for increased ratings for his service-connected right hip osteoarthritis, left knee torn medial meniscus, lumbar spine disability, and ruptured left Achilles tendon due to inadequate VA examinations and missing treatment records.

The Veteran's claim for service connection for pseudofolliculitis barbae (razor bumps on face and neck) is denied as there is no evidence of the condition during or near his period of service. His bilateral hearing loss, however, is granted as it is at least as likely as not related to noise exposure in service.,The Veteran's right knee arthritis, left knee arthritis, and degenerative disc disease of the thoracolumbar spine are remanded for further examination and opinion.

The Veteran's appeals for earlier effective dates for left shoulder, cervical spine, and lumbar spine degenerative joint disease have been dismissed.,The Veteran's appeals for initial disability ratings higher than 10 percent for left shoulder degenerative joint disease, 20 percent for cervical spine degenerative joint disease, and 20 percent for lumbar spine degenerative joint disease have been remanded.

The Veteran's appeal for an initial rating in excess of 30 percent for ischemic heart disease was dismissed.,New and material evidence has been received to reopen the claims of service connection for a right knee disability, upper and lower back disability, and obstructive sleep apnea (OSA).,The Veteran's claim for TDIU is remanded as it has not yet been addressed.

The Veteran's claim for TDIU prior to November 25, 2009 was denied as the evidence did not show she was unable to obtain gainful employment due to her service-connected disabilities.,The Veteran's claim for TDIU from May 1, 2010 under 38 C.F.R. § 4.16(b) is remanded for further consideration of all available medical evidence.

The Veteran's appeal was dismissed due to the death of the appellant, and no service connection decisions were made.

The Board denied reopening of the Veteran's claim for service connection for a low back disability due to lack of new and material evidence, including service treatment records that did not show any low back injury during service.

The Veteran's TDIU and Dependents' Educational Assistance eligibility were granted effective January 5, 2004. The Board found the Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient medical opinions and evidence of record.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's initial ratings for left and right lower extremity radiculopathies, lumbar spine spondylosis and degenerative disc disease, as well as his ankle disabilities, chronic fatigue syndrome, gastrointestinal symptoms, dysphagia, GERD, headache disorder, heart disorder, high blood pressure, muscle and joint pain, neurological disorder, and acquired psychiatric disorder are all denied. The Veteran's claims for increased ratings and service connection are remanded.

The Veteran's appeal for an earlier effective date for allergic rhinitis was dismissed. The petition to reopen his previously denied claim for a back disability is granted, and the issues of service connection for a back disability, right lumbar radiculopathy, left lumbar radiculopathy, allergic rhinitis, and sinusitis are remanded.

The Board has remanded the case due to an inadequate May 2016 VA examination, which did not include a specific finding that the increase in disability is due to the natural progress of the disease. The Veteran's claim for service connection for a low back disability will be reconsidered with additional medical opinions.

The Board has reopened the Veteran's claims for service connection for bilateral foot condition, right hand carpal tunnel syndrome (recharacterized), left hand carpal tunnel syndrome, bilateral knee condition, and low back condition due to new and material evidence. The claims are remanded for further development including VA examinations.