Back / lumbar spine decisions — 2019

The Veteran's claims for service connection have been granted, but the appeals to determine whether these conditions are related to his military service remain pending.

The Veteran's request to reopen the finally disallowed claim of entitlement to service connection for a low back condition is granted. The Board finds that new and material evidence has been received since the August 2003 rating decision, which relates to an unestablished fact necessary to substantiate the merits of the claim of service connection for a low back condition. Issues related to compensation under 38 U.S.C. § 1151 for dissociative disorder (claimed as psycho-neuropathy) and residuals of a neck injury are also remanded due to lack of an opinion on the cause or nature of any additional disabilities.

The Board has dismissed the claim of service connection for a lower back disability due to withdrawal by the Veteran. The remaining issues of service connection for an acquired psychiatric disorder, bilateral hearing loss, and tinnitus are remanded for further development.

The Veteran's claims of service connection for left ankle, right ankle, left Achilles tendinitis, and right Achilles tendinitis have been denied. The claim for service connection for low back condition has also been denied.,Service connection was not granted as the evidence did not show a current diagnosis or link to service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The low back disability claim is remanded as it depends on the outcome of the left ankle disability claim, which also needs a new VA examination. Right ear hearing loss requires a new VA examination to assess its relation to service. The acquired psychiatric disorder claim also needs a new VA examination.

The Veteran's claims of service connection for flat feet, back disorder, and left leg disorder are being remanded due to the need for additional medical examination and development.

The Board has remanded the claim for service connection for a low back disorder, claimed as sciatica, due to the need for a VA examination and consideration of the lay statements regarding symptom onset.

The Board has denied the Veteran's claims for service connection for various conditions, including left hip disorder, right hip disorder, obstructive sleep apnea (OSA), acid reflux, and headaches. The decisions were based on lack of evidence supporting these claims or because they are not related to service.

The Veteran's lumbosacral strain has not resulted in forward flexion limited to 30 degrees or less, and therefore a rating in excess of 20 percent is denied.

The Veteran was granted service connection for GERD, DM2, and lumbar spine disorder. The effective date of these grants is not specified in the decision.,Service connection was also granted for heart disorder, lung disorder, cervical spine disorder, left foot disorder, right foot disorder, and sleep disorder.

The Veteran's service-connected conditions do not meet the schedular requirements for TDIU, but there is plausible evidence of unemployability as a result of her service-connected disabilities. The case is REMANDED to refer the claim for TDIU to the Director, Compensation Service, for extra-schedular consideration.

The Veteran's disability rating for his back condition was increased to 20 percent effective November 6, 2014. Prior to this date, the Veteran had a 10 percent rating.

The Veteran's hypertension is granted as service-connected due to presumed herbicide exposure. The Veteran does not have a current diagnosis of hyperhidrosis or any other sweating disability, and his GERD and hiatal hernia are also denied.

All appeals seeking to reopen previously denied claims of service connection for various conditions have been dismissed.,Claims for earlier effective dates and increased ratings have also been dismissed.

The Veteran's use of a back brace for his service-connected back disability is causing wear and tear on his clothing, which qualifies him for an annual clothing allowance in 2016.

The Board has remanded the Veteran's claims for increased disability ratings and TDIU due to his service-connected lumbar spine disability, radiculopathy of the lower extremities, and sexual dysfunction. The AOJ is required to obtain private treatment records from Dr. B., Dr. E.S., and any other relevant providers, as well as VA treatment records from June 2015 to the present. A medical opinion on the etiology of the Veteran's erectile dysfunction will also be obtained.

The Board has remanded the claims for service connection for various conditions due to additional development being required.

The Board has decided to remand the case due to incomplete service treatment records and a need for a VA examination to determine if the Veteran's lumbar spine disability is related to his military service.

Entitlement to increased ratings for bilateral hearing loss and tinnitus is denied.,Entitlement to initial compensable evaluations for radiculopathy of the sciatic nerve in both lower extremities, as well as radiculopathy of the femoral nerve in both lower extremities, is remanded.,Entitlement to a TDIU prior to December 23, 2016, is also remanded.

The Board denied service connection for various disabilities, including a left leg disability, prostate condition, tinnitus, bilateral eye disability (glaucoma), skin disability (claimed as due to Agent Orange exposure), GERD, digestive disorder (ulcerative colitis and constipation), right knee disability, left knee disability, back disability, and psychiatric disability. The decision was based on the lack of evidence linking these conditions to service or service-connected disabilities.