Back / lumbar spine decisions — 2020

The Veteran's claims for hypercholesterolemia, back disability, acquired psychiatric disability, epilepsy, and sleep disorder on substitution basis have all been denied due to lack of evidence supporting a link between these conditions and service.,For the claim for bilateral hearing loss, the Veteran was granted secondary service connection based on his service-connected hearing loss and tinnitus.

The Veteran's lumbar spine disability is rated at 40% since February 18, 2010. The hip condition has not been rated separately as it was not the primary issue in this appeal.

The Board has remanded the issues of service connection for acquired psychiatric disorder, gouty arthritis, cervical spine disorder, and lumbar spine disorder. The claims for increased ratings for bilateral epidermophytosis and tinea pedis and left foot callosity remain denied.

The Veteran's claim for service connection for a chronic disability of the lumbar spine is denied as there is no evidence that his current condition began during or was caused by his military service.,Service connection is granted for bilateral hearing loss and tinnitus, with the Board finding that these conditions are at least as likely as not related to in-service noise exposure.

The Veteran's radiculopathy left upper extremity and right upper extremity are denied as not related to service.,The Veteran's lumbar spine disability is remanded for further development.

The Board has denied the Veteran's claims for service connection for hypertension, tinnitus, a back condition as secondary to PTSD, diabetes as secondary to PTSD, right upper and lower extremity neuropathy, headaches, and a sleep condition. The issues of entitlement to service connection for these conditions are remanded for further development.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for retrospective opinions regarding his service-connected lumbar spine disability prior to June 3, 2018.

The Board has granted service connection for PTSD and remanded the remaining issues including right and left elbow disabilities, lumbar and cervical spine disabilities, GERD with hiatal hernia, and sinusitis. The TDIU claim is also remanded.

The Board has remanded the cases for additional development, including obtaining records of any chiropractic treatment and VA treatment received by the Veteran. The issues on appeal will be reconsidered after this development.

The Board has remanded the case to the RO for consideration of new evidence submitted by the Veteran, including a request for initial RO consideration.

The Board has remanded the claims for service connection for low back disorder and an initial rating in excess of 30 percent for PTSD due to additional development being needed.

The Board has found that additional development is necessary prior to final adjudication of the Veteran's claims, including obtaining VA examinations and assessing occupational effects caused by his service-connected disabilities.

The Board has granted service connection for the Veteran's lumbar spondylosis, finding that his current back disability is at least as likely as not related to an in-service injury. The decision is based on the continuity of symptoms and credible testimony from the Veteran and his sister.

The Veteran's service-connected migraines have been restored to a 30 percent rating, effective April 29, 2019. A 50 percent rating for migraines has also been granted.

The Board has found that the Veteran's low back disability did not manifest during service or within one year of separation, and is not shown to be causally related to an in-service event. The Board also finds that there is insufficient evidence to establish a link between the Veteran's obstructive sleep apnea and his period of service.

The Veteran's hypertension is currently rated as 10 percent disabling. The Board finds that a higher rating is not warranted.,The Veteran’s left arm disability and left ankle disability are both remanded for additional examinations to comply with VA examination requirements.,The Veteran’s chronic lumbar strain disability is also remanded for an examination to determine the extent of functional loss during flare-ups.,Service connection for diabetes mellitus is remanded as the Veteran claims he was diagnosed in service. Further documentation of his service at Camp Lejeune is needed.,Service connection for liver spots and rectal cancer residuals are both remanded due to potential exposure to contaminants at Camp Lejeune.,reasoning

The Board has granted service connection for a left inguinal hernia and remanded the issues of service connection for retained metallic fragments, back condition, kidney condition, and an initial compensable rating for a scar associated with the hernia. The Veteran is entitled to service connection for his current left inguinal hernia.

The Veteran's claims for higher initial disability ratings for bilateral hearing loss, degenerative changes in the lumbar spine, and residual tailbone injury with forward angulation of coccyx are being remanded due to the need for new VA examinations.

The Board denied service connection for a bilateral shoulder condition and denied an increase in the rating for a lower back disability.

The Board has remanded the claims for service connection for a back disorder and type II diabetes mellitus due to incomplete medical records from Dr. Bell and Dr. Randall.