Back / lumbar spine decisions — 2019

The Board denied service connection for bilateral hip disability, concluding that the Veteran does not have a current diagnosis of a hip disability and there is no evidence of a chronic hip condition during his appeal period.,The Board also denied service connection for back disability, finding that the Veteran's symptoms are more likely related to his service-connected knee and foot disabilities rather than direct service incurrence.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's bilateral hearing loss and back disabilities were granted service connection. The right eye hyperopia/presbyopia was not found to be a disability for VA compensation purposes, while the left eye optic atrophy is unrelated to his active duty service.

The Board has granted service connection for osteoarthritis of the left ankle, degenerative disc disease and arthritis of the lumbar spine, chronic strain and arthritis of the right knee, and chronic strain and arthritis of the left knee. The conditions are related to the Veteran's military service.

The Veteran's claim for an earlier effective date for a 10 percent rating for lumbosacral strain is denied. The Board has also remanded the TDIU claim due to insufficient evidence.

The Veteran's claim for an increased rating for mechanical low back pain syndrome is remanded due to insufficient examination findings and the need for a VA examination. Additionally, if the examiner finds that his disability impacts his ability to work, he should be asked to file a TDIU application.

The Veteran's cause of death was not service-connected, and he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 or non-service-connected death pension.

The Veteran's application to reopen his claim for service connection of bilateral hip disability was granted. The Board also remanded the issues of service connection for back and bilateral hip disabilities due to insufficient medical opinions.

The Board has determined that there are outstanding medical records and possible service treatment records, as well as VA medical opinions needed to adjudicate the claims. The Veteran's conditions have been remanded for further examination and opinion.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for GERD. The claims for BHL, cholecystitis, chronic, DM, lumbar disability (secondary to left knee disability), heart disability, acquired psychiatric disorder, and right knee disability are all remanded.

The Veteran's claims for increased ratings and effective dates have been dismissed due to withdrawal of the claims by the Veteran. The Board also remanded the case for a new examination regarding the severity of his service-connected conditions.

The Veteran's service-connected lumbar spine disability rating was reduced from 40% to 10%, but the reduction is found to be improper. The case is remanded for further development, including a VA examination and medical opinion regarding the Veteran's ability to work due to his lumbar spine disability.

The Board has remanded the Veteran's claims for service connection and initial ratings due to incomplete development, including a need for additional VA examinations.

The Board has granted service connection for bilateral hearing loss. The Veteran's claims of service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the lower extremities, and depression are REMANDED due to the need for additional medical examinations.

The Board has decided to remand the case due to insufficient medical evidence regarding the nature and etiology of the Veteran's lower back disability, specifically whether it is related to his service. The Veteran needs a VA examination to determine this.

The Board has remanded the claims of service connection for various disabilities, including low back disability, left hip disability, right hip disability, right hand disability, neck disability, left knee disability, right knee disability, bilateral pes planus, erectile dysfunction, sleep-related disability (presumed to be sleep apnea), acquired psychiatric disability, heart disability, residuals of a stroke, hypertension, hiatal hernia, and gastrointestinal disability. The remand requires additional development including obtaining federal records from the Social Security Administration, scheduling an examination for the low back disability, and determining the nature and etiology of hearing loss and tinnitus.

The Board denied the Veteran's appeal because his substantive appeal was not filed within 60 days of the issuance of the statement of the case.

The Veteran's initial disability rating for bilateral hearing loss has been granted at a 10% level effective June 3, 2015. The Board has also remanded the issues of service connection for right shoulder, low back, left foot, headache, and sciatic nerve disabilities due to incomplete records and need for additional medical opinions.

The Board has determined that a VA examination is needed to assess the Veteran's need for aid and attendance due to his service-connected disabilities, as no such opinion has been provided in the record.

The Board has dismissed the claims for CUE regarding peripheral neuropathy ratings and remanded other service connection issues. The Veteran's claim of increased rating for peripheral neuropathy is also remanded.