Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for sleep apnea and low back condition due to inadequate examination opinions. The Veteran is seeking service connection for these conditions, which he contends are related to his active duty service, including exposure to burn pits and oil smoke for sleep apnea, and wearing heavy body armor and gear for low back pain.

The Board denied service connection for a low back disability and left shoulder disability, finding that the evidence did not support a relationship to service.,New evidence was submitted but it did not change the outcome as the Veteran's current conditions were not related to his military service.

The Veteran's claims for lumbar spine degenerative disc disease and tinnitus have been dismissed due to the death of the appellant.

The Board has granted service connection for left knee, right knee, and lumbar strain with degenerative changes based on the Veteran's credible statements about an in-service motor vehicle accident.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to outstanding VA treatment records and further medical clarification of his lumbar spine disability.

The Veteran's cervical spine, left knee, and right knee disabilities were not incurred in or aggravated by service.,Service connection for substance abuse was denied as the Veteran's depression is not considered to be due to his service-connected condition.

The Veteran's right ankle tendonitis is granted an increased rating to 20 percent for the entire claim period.,Service connection for a low back disability is granted. The Board also remanded issues regarding service connection for bilateral foot disabilities and entitlement to TDIU.

The Board has granted service connection for a respiratory disability, lumbosacral spine degenerative arthritis, GERD, chest pain secondary to GERD, and bilateral hearing loss.,Service connection is also granted for the Veteran's tinnitus. The Board found that while there was no specific diagnosis of tinnitus in his records, he provided credible testimony regarding its occurrence during service.

The claim for service connection for degenerative arthrosis of the lumbar spine is granted as secondary to a service-connected ankle disability. The rating for left knee degenerative arthritis remains denied, and TDIU is granted.

The Board has denied service connection for a low back disability, finding that the Veteran's current condition is not related to his active duty service. The VA examiner concluded that the Veteran's back disability did not have onset during service and was not caused by carrying heavy weapons and ammunition.

The Veteran's claims for service connection for headaches, low back pain, and a residual scar on the head have been reopened. The appeals are granted to this extent only.

The Board has decided to remand the claim for a low back disorder due to inadequate examination and incomplete record. The Veteran's current low back disorders are being evaluated, with consideration of both his Reserve training injury in 1997 and his civilian work-related injury in 2011.

The Veteran's death was due to lung cancer, which the Board found not related to service or a service-connected disability.,Service connection for low back disorder (spinal stenosis) was denied as there is no evidence of a link between the in-service injury and the current condition.

The Veteran's claim for right carpal tunnel was reopened due to the submission of new and material evidence. Service connection is granted.,The Veteran's claim for hearing loss, right ear was reopened due to the submission of new and material evidence. Service connection is granted.,Service connection for hearing loss, right ear is denied as there is no current diagnosis meeting VA standards.,Service connection for surgical scars, bilateral shoulders is denied as they do not meet disabling effects under applicable diagnostic codes.

The Board has decided to remand the Veteran's claims for a rating in excess of 10 percent for thoracic strain with lumbar spondylosis, prior to May 8, 2018, and from May 8, 2018. The reasons are that the most recent VA examination did not adequately address functional limitations during flare-ups.

The Veteran's appeal for an initial rating in excess of 10 percent and for an effective date earlier than March 20, 2008, for the award of service connection for cervical spine degenerative disc disease with degenerative joint disease has been dismissed.

The Board has denied the Veteran's claims for service connection for low back and left knee disabilities due to a lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection for left shoulder, low back, and right knee disabilities have been reopened. The Board finds that new and material evidence has been received to reopen these claims.,Service connection for hypertension is denied as there is no competent medical evidence showing the Veteran currently has a diagnosis of hypertension.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder, a lumbar spine condition, and a right foot condition due to secondary service-connected conditions. The claims are being returned for further development.