Back / lumbar spine decisions — 2019

The Board has reopened the claim for service connection for obstructive sleep apnea due to new and material evidence. The claims of entitlement to a higher rating for lumbar spine arthritis and TDIU are remanded as additional examinations are needed.

The Board has decided to remand the Veteran's claims for bilateral hip disability and low back disability, as well as his TDIU claim due to service-connected disabilities. The issues will be further evaluated with additional medical examinations.

The Veteran's service connection claims for stress fractures of the bilateral hips, left and right knees, back condition, PTSD, and bilateral hearing loss are being remanded due to insufficient evidence.

The Veteran's representative has withdrawn his appeals for the listed conditions and increased rating, effectively dismissing all issues.

The Board has remanded the cases for further development due to insufficient opinions in the January 2018 VA examination regarding the etiology of the Veteran's lumbar spine disability, sciatica, and diverticulitis. The claims are also remanded for an addendum opinion from the examiner on whether the service-connected ulcerative colitis caused or aggravated the Veteran's diverticulitis.

The Board has determined that the Veteran's service connection claims for back condition, broken left foot, left big toe, and traumatic brain injury (TBI) need to be remanded due to incomplete service treatment records. The Veteran is not provided with a VA examination as his claim requires medical evidence regarding the onset of these conditions in service or their direct link to active duty.

The Veteran's service-connected bilateral pes planus with right achilles tendonitis is rated at 10 percent disabling, effective February 3, 2009. The Veteran also received a TDIU for the periods from February 3, 2009 through August 2, 2011 and from May 1, 2018 to present.

The Veteran's appeals for increased disability ratings have been dismissed due to his death.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for thoracolumbar spine degenerative disc disease and musculoligamentous strain, as well as his claim for TDIU due to outstanding medical records and the need for a new VA examination.

The Veteran's claims for service connection have been reopened, but the underlying claims of a bilateral foot disability and pseudofolliculitis barbae are remanded due to insufficient evidence.,Service connection has not been granted for a lumbar spine disability or headaches.

The Board has remanded the claims for a higher rating for post-operative degenerative disc disease of the thoracolumbar spine with strain and for an initial rating in excess of 40 percent for right lower extremity radiculopathy, including consideration of special monthly compensation (SMC) for loss of use of the foot prior to September 4, 2017. Further development is required as additional evidence has been added to the record.

The Board has remanded the claims for increased ratings due to outstanding VA and SSA records. The Veteran's claim for service connection for colon disability is denied as there is no evidence of current disability.

The Board has remanded the Veteran's claims due to incomplete development of records and for consideration of an extraschedular TDIU prior to May 6, 2016.

The Board has decided the claims for earlier effective dates for service connection of left knee, lumbar spine, and tinnitus disabilities. Effective dates prior to October 17, 2011 are denied.,Remaining issues on appeal include service connection for various conditions.

The Board has remanded the claim for a disability rating in excess of 30 percent for degenerative disc disease of the lumbar spine due to inadequate VA medical examination.

The Board has remanded the Veteran's claims for depression, cervical spine disability, lumbar spine disability, TDIU, and Dependents' Educational Assistance due to lack of VA examination and incomplete medical records.

The Board has reopened several previously denied claims but has not granted service connection for any of the conditions. The decision is mixed, with some issues being remanded and others having new evidence received that does not meet the criteria for reopening.

The Veteran's claims for hepatitis C and right foot disability were denied as new and material evidence was not submitted.,Memory loss is considered a symptom of the service-connected adjustment disorder with anxiety, so it does not warrant separate service connection.

The Board denied the Veteran's claims for service connection for a back disorder and an acquired psychiatric disorder, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's appeals were partially granted, with some issues receiving increased ratings and others remaining unchanged or denied. The effective dates for several grants of service connection are set to June 18, 2012.