Back / lumbar spine decisions — 2019

The Veteran's sleep apnea is granted secondary to service-connected conditions. The cervical spine condition is granted a 20% rating from March 25, 2019 onwards and the radiculopathy of the right upper extremity was granted a 20% rating from May 22, 2012 through February 26, 2018. The Veteran's radiculopathy of the right upper extremity is denied in excess of 40% after February 27, 2018.

The Board denied service connection for GERD, asthma, lumbar spine disability, hypertension, and hyperlipidemia due to lack of new and material evidence. The claims were previously denied in March 2004.

The Board has determined that new VA examinations are needed due to the Veteran's testimony of worsening symptoms and treatment records indicating ongoing issues. The cases will be remanded for these purposes.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to insufficient evidence, specifically regarding his lumbar spine disability, left ankle degenerative arthritis, right ankle degenerative arthritis, and potential neurologic abnormalities. The case is also remanded to obtain SSA records related to the Veteran’s application for benefits.

The Veteran's appeal for service connection of his left hip disability has been dismissed. The Board also remanded the issues of service connection for low back and left knee disabilities.

The Veteran's service-connected disabilities rendered him unemployable as of April 13, 2014. The Board granted an effective date for the TDIU claim on that date.

The Veteran's right ankle disability was granted effective February 15, 2005. A separate 10 percent rating for right ankle instability is granted. Service connection for a back disability is granted.

The Board has denied the Veteran's claims for service connection for hepatitis B and C, as well as his back disability with leg sciatica. The evidence does not support a finding that these conditions are related to military service.

The Veteran's dysthymic disorder is granted a 70 percent rating effective May 29, 2012. The earlier effective date for service connection of dysthymic disorder is denied. The issues of increase ratings for radiculopathy and back disability are dismissed.

The Board dismissed the appeal regarding an earlier effective date for service connection of lumbosacral spine degenerative arthritis and degenerative disc disease. The Veteran's claim for payment of VA disability benefits for August 2018 is remanded.

The Board has granted service connection for a lumbar spine disorder and denied service connection for tinnitus. The lumbar spine disorder is related to service, while the tinnitus was not attributable to service.

The Board has decided to remand the Veteran's claims for front teeth injury, back disability, and neck disability due to the need for further development.

The Board has denied service connection for lumbar degenerative arthritis and tension headaches, finding that the Veteran's current conditions are not related to his military service.

The Board has determined that more information is needed to fully evaluate the Veteran's claims for service connection of his left ankle, low back, and left knee disabilities. The VA will need to obtain additional medical opinions regarding the onset and etiology of these conditions.

The Board has determined that additional development is needed to locate the Veteran's service treatment records and provide proper notice. The claims for service connection are being remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and lack of medical opinion on secondary service connection.

The Veteran's claims for service connection have been reopened, and the Board has determined that new and material evidence has been submitted to support his claims. The issues of service connection remain pending.

The Veteran's claims of increased ratings for his back, neck, and right shoulder disabilities are remanded. The Board also finds that the TDIU claim is inextricably intertwined with these issues.

The Board has determined that the Veteran's claims for higher ratings and effective date issues are remanded due to missing VA and private treatment records, insufficient VA examination reports, and need for new examinations.

The Board has remanded the case due to incomplete evidence and the need for further development, including obtaining records from the U.S. Railroad Retirement Board and Norfolk Southern Corporation.