Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for bilateral hearing loss, back disability, sleep disability, skin disability, and depression due to inadequate medical opinions regarding their etiology.

The Board has remanded several issues, including service connection for an acquired psychiatric disorder other than PTSD, a low back condition, and a neck condition. The claims are being remanded to allow for further development and consideration of the evidence.

The Veteran's claim for service connection for diabetes mellitus, type 2 was reopened and granted on a presumptive basis due to exposure to herbicides during service.,The Veteran's claims for depression and degenerative disc disease of the lumbar spine were reopened. The Veteran's PTSD claim was also granted.

The Board denied the Veteran's claims for service connection for various conditions, including right total knee replacement, left shoulder disability, lumbar spine disability, and bilateral leg disabilities. The Board found that there was no evidence of a nexus between these conditions and active service.

The Veteran's appeals for service connection for bilateral hearing loss, sleep apnea, and asthma were dismissed due to the Veteran withdrawing his appeal.,New evidence was received sufficient to reopen claims for service connection for a back disability and a right ankle disability. Service connection is granted for these conditions.

The Board has partially vacated the April 4, 2019 decision that granted a TDIU and SMC at the housebound rate from November 13, 2014. The TDIU is now granted from June 17, 2017, and SMC at the housebound rate is granted from June 17, 2017. The issue of an extraschedular TDIU for the period November 13, 2014 to June 17, 2017 remains in appellate status.

The Board denied service connection for a low back disorder and bilateral hearing loss, finding that the disorders are not related to military service.

The Board has remanded the claims of service connection for low back condition, left knee condition, right knee condition, and sleep apnea due to insufficient evidence on the merits.

The Veteran's right shoulder arthritis is rated at 40 percent from July 6, 2009. A total disability rating based on individual unemployability (TDIU) is granted from August 5, 2009.

The Board has granted service connection for lumbar degenerative disc and joint disease, with lumbar radiculopathy as secondary to the service-connected right and left knee disabilities. The claim for a right hip disability was denied due to lack of evidence showing it was incurred in service or related to service-connected conditions. The claim for a left great toe disability was also denied.

The Board has granted service connection for a low back disability, diagnosed as chronic low back pain, finding that the current diagnosis is at least as likely as not due to an injury incurred during qualifying National Guard duty.

The Board denied service connection for PTSD, all other conditions, and effective dates. The Veteran's claims were not granted.

The Board denied the Veteran's appeal as his substantive appeals were not timely filed, and thus the case was closed.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination.

The Veteran's service-connected disabilities do not preclude her from obtaining and maintaining substantially gainful employment consistent with her education and experience.

The Veteran withdrew their appeal, so the Board is dismissing all issues related to increased rating for a lumbar spine disability and service connection for obstructive sleep apnea.

The Board has granted service connection for a lumbar spine disability and remanded the issue of service connection for a bilateral foot condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and evaluations. The issues include bilateral pes planus, lumbar strain with DDD and IVDS, right foot hallux valgus, hammer toes, left lower extremity shin area varicosities, and bilateral lower extremity peripheral neuropathy.

The Board denied the Veteran's claims of service connection for low back, left hip, and right hip disorders due to a lack of evidence showing current disabilities. The Board found that any pain experienced by the Veteran did not qualify as a disability under VA regulations.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current back disability had its onset during service or is otherwise related to a disease or injury during service. The VA will need to obtain additional medical records and conduct further examination.