Back / lumbar spine decisions — 2019

The Board has determined that additional examinations and medical opinions are needed for the Veteran's claims of lumbar spine disorder, left leg disorder, hearing loss, tinnitus, and traumatic brain injury (TBI).

The Veteran's lumbar spine intervertebral disc syndrome with degenerative joint disease is granted at a 20 percent rating throughout the pendency of the claim, subject to regulations governing payment of monetary awards. Ratings in excess of 40 percent are denied.

The Board has remanded the cases for additional development due to deficiencies in the current examinations and need for further testing.

The Board has remanded the Veteran's claims for additional development, including obtaining private treatment records and providing a supplemental VA opinion regarding his left knee disability.

The Veteran's unauthorized medical expenses and ambulance transportation services incurred during a non-VA hospitalization at McLaren Bay Regional Medical Center on June 23, 2015 are granted. The private hospitalization was for a nonservice-connected condition.

The appeal has been dismissed due to the death of the appellant.

The Veteran's claim for higher disability ratings for his service-connected lumbosacral spine intervertebral degenerative disease is remanded due to insufficient medical evidence and the need for a retrospective medical opinion.

The Veteran's TDIU claim for the period prior to April 1, 2016 is being remanded due to additional development needed. The combined disability rating was 50 percent disabling during this period.

The Board has found that the claims for increased ratings must be remanded due to new evidence added to the record since the most recent Supplemental Statement of the Case in September 2018. The Veteran's former employer provided additional employment information, and SSA records were also added to the file.

The Veteran's lumbar spine disability is rated at 10 percent, and the Board finds that a higher rating is not warranted based on the objective medical evidence.

The Veteran's right ankle and heel pain are attributed to a pre-existing condition, plantar fasciitis. Service connection for this condition is denied.,There is no evidence of left ear hearing loss during service or at any time since service. Service connection for left ear hearing loss is denied.,Service connection for IBS due to Gulf War service is granted based on the Veteran's history and symptoms, which are presumed to be related to his period of service in Southwest Asia.,VA examination is required to determine if the Veteran has current bilateral plantar fasciitis. Service connection will depend on whether this condition can be linked to service or a pre-existing condition.,VA examination is required to assess the nature and etiology of any back disorder, including determining if it is related to service or a pre-existing condition.,VA examination is required to determine the presence and etiology of bilateral knee disorders. Service connection will depend on whether these conditions are linked to service or a pre-existing condition.,VA examination is required to assess the nature and etiology of any acquired psychiatric disorder, including determining if it is related to service or a pre-existing condition.,Service connection for right ear hearing loss is denied as there is no evidence of current hearing loss during service or at any time since service.

The Veteran's claims for increased evaluation, service connection, and TDIU are being remanded due to the need for additional examinations and records.

The Veteran's claim of service connection for degenerative disc disease claimed as low back disability is being remanded due to the need for a VA examination to determine if his current condition is related to his military service.

The Veteran's claims for service connection are remanded due to the need for VA examinations to address the etiology of his claimed disabilities, including lower back, shoulder, elbow, wrist, knee, and ankle musculoskeletal conditions, skin disability, headaches, and eye disability. The examination results will determine if these conditions are related to military service.

The Board has remanded the claims of service connection for cervical spine disability, low back disability, insomnia, and acquired psychiatric disorder due to new evidence received since previous decisions.

The Veteran's service connection claims for various disabilities, including back disability, bilateral leg disability, vision disability (other than related to a bilateral pinguecula), breathing disability, sleep apnea, prostate disability, colon cancer, diabetes mellitus, and an acquired psychiatric disorder have been denied due to lack of evidence showing these conditions were incurred in service.

The Veteran's claims for service connection for various disabilities, including right arm, upper back, right knee, sleep, bilateral foot, hearing loss (left ear), tinnitus, hypertension, acid reflux disease, and menstrual disability are all denied as there is no current evidence of these conditions or a link to service.,For the specific disabilities: Right Arm Disability, Upper Back Disability, Right Knee Disability, Sleep Disability, and Bilateral Foot Disability, the Veteran does not have a current disability that began during service or is otherwise related to an in-service injury, event, or disease. The claim for hearing loss (left ear) and tinnitus are denied as there is no evidence of these conditions within one year of separation from active duty.

The Board has denied service connection for bilateral carpal tunnel syndrome and remanded the cases of increased rating for bilateral hearing loss and service connection for low back disability.

The Board has decided to remand the case due to inadequate VCAA notice and the need for a VA examination to determine the nature and etiology of the Veteran's low back disability.

The Board has remanded the Veteran's TDIU claim due to incomplete evidence and need for further examination. The RO will obtain additional treatment records, schedule examinations, and readjudicate the claim.