Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for service connection for back disorder, bilateral knee disorders, bilateral foot disorders, and bilateral hearing loss due to lack of new and material evidence.

The Board has determined that the Veteran's appeal regarding increased ratings for left and right lower sciatica is remanded due to new evidence. The issues of entitlement to an initial disability rating in excess of 10 percent for each condition are being returned to the RO for further action.

The Board has decided to remand the case due to incomplete service treatment records and a need for an etiological opinion regarding the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for increased disability evaluations for his service-connected lumbosacral strain and left knee strain due to inadequate examinations in connection with the appeal.

The Board found no evidence linking the Veteran's current lumbar spine disability to his active service, including an incident where a sack of flour fell on him during service. The examiner opined that the condition is more likely related to post-service injury and increasing symptoms of ankylosing spondylitis.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran's preexisting scoliosis did not worsen during service and that his current degenerative changes of the lumbosacral spine were not shown to be related to service.

The Board has remanded the Veteran's claim for service connection for a lumbar spine disability due to insufficient evidence and need for further examination.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet criteria for higher ratings or service connection, except for reopening of claims for sleep apnea and PTSD.

The Veteran's appeal for service connection on the merits of multiple claimed conditions was denied in a December 2015 rating decision. The Veteran did not file a timely Notice of Disagreement (NOD) within one year after receiving notice of this decision, and thus his appeal is dismissed.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further medical examinations. The issues include back, neck, foot, urticaria, TBI, and headaches.

The Board has remanded the Veteran's claims for service connection for various disabilities, including shoulder, cervical spine, lumbar spine, and cardiac disabilities. The AOJ is instructed to clarify the specific claim sought by the Veteran regarding his shoulder disability, obtain in-service treatment records from Landstuhl Medical Center, request clinical records from the VA facility where an April 2016 lumbar spine x-ray was performed, and schedule a VA examination for the cervical and lumbar spine disabilities. The AOJ is also instructed to obtain service treatment records of Fort Dix and Germany, request any outstanding VA medical records, and schedule a VA examination for the cardiac disability. Additionally, the Veteran's unspecified depressive disorder claim is remanded for further evaluation.

The Veteran was granted a 20% rating for her back disability effective January 12, 2017.,She also received a TDIU based on her service-connected disabilities.

The Board has remanded the case due to inadequate etiology opinions and failure to obtain all relevant post-service treatment records.

The Veteran's PTSD is etiologically related to his active duty service.,Service connection for cervical spine strain and lumbar spine strain are remanded due to insufficient evidence of in-service injury or disease.,Service connection for bilateral ankle lateral ligament strain and cephalgia headaches are remanded due to insufficient evidence of in-service injury or disease.,Service connection for myelodysplastic syndrome is granted as it was initially diagnosed during active duty service.,Service connection for TBI is remanded due to lack of medical records from the 1993 motor vehicle accident and incomplete service treatment records.,Entitlement to a special monthly compensation (SMC) for loss of use of a creative organ is held in abeyance as it is intrinsically intertwined with the remanded erectile dysfunction issue.

The Veteran's low back disability is granted as service-connected.,There is no evidence of a current left shoulder disability, and the claim for this condition is denied.

The Veteran's earlier effective date for the 10 percent rating for bilateral eye allergic conjunctivitis and blepharitis is dismissed.,The Veteran's increased rating greater than 40 percent for service-connected musculoligamentous strain, lumbosacral spine with intervertebral disc syndrome is dismissed.,The Veteran's increased rating greater than 20 percent for service-connected cervical strain with degenerative changes without radiculopathy is dismissed.,The Veteran's increased rating greater than 10 percent for service-connected left lumbar radiculopathy (sciatic nerve) is dismissed.,The Veteran's earlier effective date of March 4, 2010 for the grant of service connection for major depressive disorder with anxiety disorder and insomnia is granted.,The Veteran's increased rating of 10 percent for service-connected extensor tendinitis, right long finger, status post ganglion cyst is granted.,Service connection for alopecia areata is granted.

The Board has decided to remand the claims for service connection for TBI residuals and a neck disorder due to inadequate VA examinations. Additional evidence is needed, including VA treatment records and additional VA examinations.

The Board has determined that additional development is needed for the Veteran's thoracolumbar, left shoulder, and lower extremity nerve conditions. The case is being remanded to provide the Veteran with a VA examination.

The Veteran's claim for non-specific urethritis is denied as he does not have a current disability.,The Veteran's claim for bilateral hearing loss is denied as his auditory thresholds do not meet the criteria for a disability under VA regulations.,New and relevant evidence has been submitted to reopen the Veteran's claim of service connection for erectile dysfunction, including as secondary to diabetes mellitus. The matter will be remanded for further examination and opinion.,The Veteran's claim for back disability is remanded due to the combat presumption established by his participation in naval combat operations.,The Veteran's claim for right knee disability is remanded due to the combat presumption established by his participation in naval combat operations.,The Veteran's claim for hypertension is remanded as there was no diagnosis of hypertension at entry into service and the issue involves presumed exposure to herbicide agents.

The Veteran's claim for an increased rating of 100 percent for hypothyroidism is granted, and he is also entitled to SMC at the housebound rate.