Back / lumbar spine decisions — 2019

The Board has remanded the case due to inadequate medical opinion regarding service connection for a low back disability. The Veteran's claim will be returned for another examination and an addendum opinion.

The Board denied the Veteran's claim for an earlier effective date based on a timely VA Form 9 appeal, as the Veteran filed his appeal after the one-year period from the October 2016 rating decision. The Board found that there was no CUE in the denial of service connection and thus could not grant an earlier effective date.

The Board has remanded the Veteran's claims for service connection for sleep apnea, an upper back condition, hemorrhoids, and a right knee disability due to insufficient evidence or need for further examination.

The Board denied the Veteran's claims of service connection for back and lung disabilities, finding that there was no evidence to support a nexus between his current conditions and his military service.

The Board has remanded the Veteran's claims for service connection for headaches, a back disability, a left wrist disability, and a right wrist disability due to inadequate VA examinations.

The Veteran's appeal is remanded for further development regarding his service-connected conditions and effective dates.

The Veteran's appeal for an initial compensable rating for bilateral hearing loss and service connection for a low back condition was denied. The Board found that the Veteran did not meet the criteria for a compensable rating for his bilateral hearing loss, as audiometric testing results were within normal limits. For the low back condition, the Board determined there was no causal link to active duty service based on medical evidence and an examiner's opinion.

The Board has granted service connection for a low back disability and peripheral neuropathy of the bilateral lower extremities, finding that these conditions are related to service. The decision also remanded the issues regarding peripheral neuropathy of the lower left and right extremities.

The Veteran's lumbosacral spine disability has been granted a 20 percent rating. The Veteran's TDIU claim is also granted. The Veteran's claims for service connection of radiculopathy of the right upper extremity, left upper extremity, and dizziness and reduced equilibrium have all been withdrawn.

The Veteran's claim for SMC based on the need for aid and attendance of another person is remanded due to inconsistencies in his claims file, including VA medical records and examination reports that do not fully support his assertion.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the dates of his periods of active duty and inactive duty training, as well as the exact date of a motor vehicle accident in 1988. The Veteran is also required to provide legible versions of military pay vouchers and obtain authorization from VA to release private medical records.

The Veteran's appeals for increased ratings and service connection were denied. The rating for DDD of the lumbar spine remains at 20 percent, asbestosis is rated at zero percent, and a right hip disorder was not found to be related to service or service-connected conditions.

The Veteran's obstructive sleep apnea is granted as service-connected. The right shoulder, thoracolumbar spine, and bilateral hearing loss claims are dismissed due to the Veteran withdrawing his appeal for these conditions. The right knee disability claim is remanded for further evaluation.

The Board has remanded the claims for service connection for low back, left knee, right knee, and right foot conditions due to insufficient evidence regarding the Veteran's reserve service.

The Board dismissed the appeal for service connection of a memory disorder. The Veteran's migraines are granted with a 50% rating, effective from initial entitlement. Service connection for sleep apnea is denied as there is no current diagnosis and it is not at least as likely as not related to in-service events or diseases.

The Veteran's appeals for service connection for degenerative joint disease of the lumbar spine and TDIU have been withdrawn. The Board has also remanded his claim for service connection for an acquired psychiatric disorder, to include PTSD.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions.

The Board has remanded the Veteran's claims of service connection for a low back disability and bilateral leg disability due to the complexity of the medical issues involved. The case will be returned to VA for further examination and opinion.

The Veteran's claim for service connection for a bilateral knee disability has been reopened and granted.,The Veteran's claims for secondary service connection for back disability (to include as secondary to bilateral knee disability) and bilateral ankle disability (to include as secondary to bilateral knee disability) have also been reopened and granted.

The Veteran's claims for effective dates prior to July 28, 2017 for service connection are denied. The cases of left elbow and right knee disabilities are remanded.