Back / lumbar spine decisions — 2019

The Veteran's application to reopen the previously denied claim of entitlement to service connection for residuals of a right foot injury is granted.,The Veteran's application to reopen the previously denied claim of entitlement to service connection for back disability is granted.

The Veteran's appeal for an initial disability rating in excess of 20 percent for his degenerative disc disease of the lumbar spine with status-post herniated lumbar disc is remanded due to inadequate December 2017 and October 2016 Back (Thoracolumbar Spine) Conditions Disability Benefits Questionnaires, and a need for additional VA treatment records and authorization from the Veteran.

The Board has remanded the claims for increased ratings for cervical and lumbar disc diseases, bilateral pes planus, and PTSD due to inadequate examination reports. The Veteran is also required to provide a statement of the case on TDIU.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment, and the Board granted TDIU from January 1, 2013.

The Board has granted service connection for DDD of the lumbar spine and dismissed the issue of entitlement to a compensable rating for bilateral hearing loss.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's claimed back disability, including its relationship to service and any undiagnosed illness or medically unexplained chronic multisymptom illness.

The Veteran's right great toe degenerative changes are presumed to have been incurred in service. The Veteran is granted a rating of 60 percent for coronary artery disease status-post myocardial infarction from July 3, 2013 to November 3, 2015.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if these conditions are related to his military service.

The Veteran's lumbosacral spine disability was granted an increased rating to 40 percent, effective April 23, 2009. The issue of entitlement to TDIU remains pending.

The Veteran's initial ratings for depressive disorder, lumbar disability, cervical spine disability, and bilateral hallux valgus with bunions have been denied. The Board has remanded the issues of service connection for sleep apnea, gastrointestinal issues, and migraines.

The Board denied the Veteran's request for an earlier effective date for the grant of service connection for a low back condition, finding that there was no prior claim received before April 2012.

The Board has determined that the evidence is in equipoise as to whether the Veteran's obstructive sleep apnea is proximately due to or a result of his service-connected degenerative joint disease and cervical spondylosis, thus granting service connection for this condition.

The Board has decided that the Veteran's claims for service connection for a lower back disorder and a right great ingrown toenail disorder are denied due to lack of evidence supporting these conditions were incurred or aggravated by military service. The case is being remanded for further examination.

The Veteran's claim for service connection for tinnitus is denied as there is no evidence of a chronic disability in service or continuity of symptomatology. His lumbar spine disability has been rated at the maximum allowable under the General Rating Formula, and his thoracic spine disability does not meet the criteria for an increased rating.

The Veteran's cervical and lumbar spine DDD disabilities have been rated at 20 percent since May 4, 2011. The Board has determined that these ratings are not higher than what is warranted.

The Veteran's low back disability and skin disorder of the nose are remanded for further development.,The Veteran’s skin disorder of the nose is to be evaluated in relation to herbicide exposure. The examiner should consider the Veteran's reports of sun exposure and herbicide exposure during service.,VA will readjudicate the initial rating claim for coronary artery disease, with a focus on determining if a higher rating is warranted.

The Board has remanded the Veteran's claims for service connection for bilateral hip and knee DJD, as well as lumbar spine DDD due to insufficient medical opinions regarding the relationship between these conditions and his active duty service.

The Board has determined that further development is needed to determine the current severity of the Veteran's service-connected diverticulitis and to obtain information regarding her periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). Additionally, VA examinations are required to address the claims for bilateral hearing loss, left shoulder disability, right shoulder disability, back disability, carpal tunnel syndromes, GERD, acute gastroenteritis, insomnia, and chronic neck pain. The Veteran's service connection claims will be remanded for these purposes.

The Board has determined that the Veteran's claims for service connection are not supported by the evidence and have been denied. The issues of service connection for a left knee disability, right knee disability, acquired psychiatric disorder (including PTSD and substance abuse disorder), low back disability, and bilateral foot disability are remanded for further development.

The Veteran's claim for hepatitis C was denied due to lack of new and material evidence.,Service connection for low back condition is not granted as the evidence does not show it began during service or is related to an in-service injury, event, or disease.,Service connection for neck condition is not granted as there is no evidence showing a diagnosis prior to service.,The Veteran's coronary artery disease rating remains at 30 percent.