Back / lumbar spine decisions — 2019

The Board cannot make a fully-informed decision on the issue of entitlement to service connection for sleep apnea, as the current VA examiner's opinion is inadequate. The Veteran contends that his sleep apnea is due or aggravated by his service-connected disabilities, but the examiner did not consider these factors in their assessment.

The Veteran's claims for service connection and eligibility for compensation under 38 U.S.C. §1151 have been denied, while his claim for a gastrointestinal disability including gastric ulcer has been remanded.

The Veteran's lumbar spine disability was rated at 60 percent prior to May 4, 2015 and increased to 70 percent thereafter. The Veteran also received a TDIU.

The Board has restored the original disability ratings of 20 percent for both the thoracolumbar degenerative joint disease and strain (back disability) and cervical strain, effective from March 24, 2014.

The Board has remanded the case due to inadequate examination and requests for a new one. The Veteran's lumbar spine disability is still under review, as are his claims for an acquired psychiatric disorder and unexplained chronic multi-symptom illness.

The Board has remanded the case due to inadequate examination and requests for a new one. The Veteran's lumbar spine disability is still under review, as are his claims for an acquired psychiatric disorder and unexplained chronic multi-symptom illness.

The Veteran's spouse was added as a dependent to his compensation award effective March 31, 2016. The Board denied the request for an earlier effective date.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include degenerative arthritis, lumbar spine disorder, and right foot disorder.

The Veteran's claim for service connection for a neck disability, including as secondary to his service-connected back disability, is denied.,The Veteran's claims for increased ratings for his low back disability and radiculopathy are also denied.

The Board has granted service connection for renal cell carcinoma and chronic kidney disease due to in-service herbicide exposure. The remaining claims, including those related to low back disorder, right eye disorder, left eye disorder, and a disorder manifested by chronic fatigue, are remanded for further development.

The Veteran's appeals for various conditions have been dismissed. The Board has also remanded several issues, including the reopening of claims and the assignment of initial ratings.

The Veteran's reduced rating for lumbar IVDS with degenerative arthritis is restored to 40 percent. A 40 percent rating effective from September 19, 2012, for IVDS and degenerative arthritis of the lumbar spine is granted. A 20 percent initial rating for left lower extremity radiculopathy is granted.

The Veteran's claim for service connection for a back condition has been reopened and granted. The Board found that the evidence, including VA treatment records and medical opinions, raises a reasonable possibility of substantiating the claim of service connection for his back condition.

The Board has reopened the Veteran's claims of service connection for lumbar spine disability, bilateral pes planus, eye disorder (presumably vision impairment), ear disorder (hearing loss and possibly other auditory issues), respiratory disorder, and digestive disorder. However, these claims are still pending as they have been remanded for further development.

The Board denied service connection for the Veteran's lumbar spine disability, lung disability (originally claimed as black spots on the lungs), cardiovascular disability (coronary artery disease) to include as secondary to Agent Orange exposure, and diabetes mellitus, type 2. The reasons given were that there was no evidence of herbicide agent exposure during service or a link between any diagnosed conditions and service.

The Veteran's back condition is granted service connection, while his GERD and erectile dysfunction claims are denied. The Board also remanded several other issues for further development.

The Board denied the Veteran's petition to reopen his claim for service connection for lumbosacral strain with neuritis, finding that no new and material evidence had been received. The motion to revise or reverse based on clear and unmistakable error (CUE) in a February 1975 rating decision was also remanded.

The Veteran's diabetes was not service-connected as it did not manifest within one year of discharge and is not otherwise related to his military service.,A 20% evaluation for lumbar strain from March 28, 2012 until December 7, 2016 was granted. The Veteran has now been assigned a 20% rating throughout the pendency of this disability being service connected.,The Veteran's claim for an increased evaluation for his lumbar strain after December 7, 2016 was denied.,A 10% initial evaluation for hypertension was granted. The Veteran takes medication for hypertension and has not had diastolic pressure predominantly at or above 110 or systolic pressure predominantly at or above 200.

The Veteran's service-connected disabilities, including bilateral hearing loss and pseudofolliculitis barbae, have been rated appropriately. However, the Board has remanded several issues for further development: service connection for back disability, right leg disability, left leg disability, right foot orthopedic disability, and left foot orthopedic disability.

The Board has dismissed the appeals due to the death of the appellant.