Back / lumbar spine decisions — 2019

The Board has reopened the Veteran's claims for service connection for a left shoulder disability and a lower back disability, but remanded these issues due to insufficient evidence of a nexus between his current disabilities and his active service.

The Veteran's initial rating for rhinitis is granted at a 30 percent level. The Board finds remand necessary for further examination and evaluation of his back disability, dermatitis of the upper eyelids, and TDIU claim.

The Board has remanded the cases due to insufficient response in the addendum opinion regarding whether the Veteran's back and cervical spine conditions are post-traumatic reactions from his 1983 motor vehicle accident.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection, including obtaining missing STRs and conducting VA examinations.

The appeal for service connection of the fracture of the neck, degenerative changes of the thoracolumbar spine, and compensable disability rating for residual scar from an appendectomy has been dismissed. The appeal for a separate award of service connection for residuals of an appendectomy is remanded.

The Veteran's hearing loss is currently rated as noncompensable, and a higher rating is not warranted.,The Veteran's left ankle scar does not meet the criteria for a compensable rating based on its size or pain.

The Board has granted service connection for the Veteran's low back, right shoulder, right wrist, and right knee disabilities. Service connection was also granted for a testicle disability. The issue of service connection for anxiety remains pending.

The Veteran's degenerative disc disease of the lumbar spine and associated sciatica have been rated at 40 percent since April 1, 2006. The Board finds that a higher rating is not warranted based on the evidence provided.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his hip, back, and leg disabilities. The issues are related as they involve secondary service connection.

The Board denied service connection for a lumbar spine condition, respiratory condition, and residuals of left lower extremity shell fragment wounds due to lack of evidence linking these conditions to service.,Service connection was not granted as the Veteran's current conditions are not related to his military service.

The Board has remanded the Veteran's claims for higher initial disability ratings and TDIU due to the service-connected disabilities. Additional development is needed, including obtaining updated medical records, VA examinations, and a duty-to-assist notice letter.

The Veteran's claim for service connection for bilateral spondylolysis of the lumbar spine has been reopened and is granted. However, his claims for hypertension, GERD, depression, osteoarthritis of the left hip, and osteoarthritis of the right hip remain denied.,Service connection was not established for any of the Veteran's conditions due to lack of evidence linking them to service.

The Veteran's lumbar spine degenerative joint disease was rated at 40 percent from October 2, 2012 to the present. The Board found that a higher rating is not warranted as there was no evidence of ankylosis or flexion limited to 30 degrees or less.

The Veteran's TDIU claim is granted from June 16, 2014. The case is remanded for consideration of extraschedular TDIU prior to that date.

The Board has decided to remand the Veteran's claims for Degenerative Disc Disease and Chronic Adjustment Disorder, as well as his claim for TDIU due to procedural issues related to missed VA examinations. The cases will be returned for further action.

The Veteran's service connection claims for various ankle, knee, wrist, elbow, hip, and foot conditions are being remanded due to the need for additional medical opinions.

The Board has decided to remand the Veteran's claims for service connection for a lumbar spine disorder and an acquired psychiatric disorder, including bipolar disorder and personality disorder due to the need for further development of the medical evidence.

The Veteran's combined rating does not meet the schedular criteria for TDIU, but his bilateral knee disabilities and back disability prevent him from working as a full-time mail carrier. The Board finds that a remand is warranted to consider extraschedular referral for TDIU.

The Veteran's appeal for restoration of a 40 percent rating for lumbar spine degenerative disc disease is granted, effective August 1, 2014. The appeals for service connection for bilateral flat feet, an acquired psychological disorder other than PTSD, and a rating in excess of 40 percent for lumbar spine DDD are remanded.

The Board has decided to remand the Veteran's claims for additional development due to insufficient medical opinions and potential missing service records. The low back disability claim is being remanded because of inadequate VA examination, while the PTSD with depression and anxiety claim requires consideration of recent VA treatment records.