Back / lumbar spine decisions — 2019

The Board has determined that additional development is needed for the claims of a higher rating for low back disability and TDIU due to service-connected disabilities. The Veteran will be scheduled for a VA examination to assess his current level of impairment from his low back disability, and all pertinent records will be obtained.

The Veteran's appeal is remanded for further consideration of his character of discharge and service connection issues.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support an increase in rating for allergic rhinitis, disfigurement of the neck, alopecia areata, or skin disability other than alopecia areata prior to September 1, 2009. A compensable rating was granted for skin disability other than alopecia areata from September 1, 2009.

The Board has granted the Veteran's petitions to reopen his service connection claims for bilateral pes planus, lower back condition, pseudofolliculitis barbae, right shoulder condition, diabetes mellitus, left shoulder condition, left-hand degenerative joint disease (DJD), hypertension, and erectile dysfunction. The appeals are remanded for further development.

The Board has remanded the Veteran's claims for service connection and TDIU due to conflicting medical evidence regarding his cervical spine disability. A new VA examination is needed to determine the nature and etiology of any cervical spine disability, including whether it is related to an in-service injury or aggravated by a service-connected condition.

The Board has granted service connection for a low back disability, finding that the Veteran's current back pain is related to his military service. The appeal was reopened due to new and material evidence submitted by the Veteran.

The Veteran's appeal was denied as his notice of disagreement with the May 2015 rating decision was not timely filed.

The Veteran's left foot disability is granted as incurred in service. The Veteran's low back disability, rated at 20%, is denied for an increased rating.

The Board has determined that remand is necessary for proper development of the issues, including obtaining service treatment records and scheduling VA examinations.

The Board has decided to remand the case due to uncertainties regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INADUTRA). The examiner is asked to provide a new opinion on whether the low back disability is related to service, including ACDUTRA or INADUTRA.

The Board has granted service connection for a back condition and remanded the issue of assigning a compensable rating for hypertension.

The Veteran's service-connected degenerative joint disease of the lumbar spine, bilateral sensorineural hearing loss and tinnitus together preclude him from securing or maintaining substantially gainful employment. The claim for a total disability rating based on individual unemployability (TDIU) is granted since April 29, 2005.

The Veteran's lumbar spine disability is rated at 40 percent from December 6, 2017 to August 30, 2018. The RO reduced the rating for his left lower extremity disability from 20 percent to zero percent effective July 1, 2017 and restored it to 20 percent thereafter. He is also granted TDIU.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence. The case is remanded for further examination and opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claims for service connection were denied as new and material evidence was not presented. The Veteran's claim for a gastrointestinal stromal tumor was also denied due to lack of in-service diagnosis or exposure.

The Board denied the Veteran's claims of entitlement to service connection for various disabilities, including bilateral hearing loss, right and left arm disabilities, back disability, foot disability, and nerve disability. The reasons given were lack of evidence of in-service injury or disease related to these conditions.

The Board denied service connection for a low back disability and toenail fungus, finding no evidence of in-service injury or disease that caused the current conditions.

The Veteran's service connection claims for sarcoidosis, cervical spine disorder, and various other conditions have been reopened. The Board finds that the evidence supports a link between these conditions and the Veteran's active service.

The Board has decided to remand the cases due to insufficient evidence and potential inextricably intertwined issues.

The Board has denied service connection for carpal tunnel syndrome of the bilateral upper extremities and remanded the claim for a low back condition. The Veteran's carpal tunnel syndromes are not shown to be related to service, while his degenerative disc disease is less likely as not related to service.