Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to incomplete VA treatment records from San Antonio, TX VAMC. The AOJ is instructed to obtain these records and provide them to the Veteran.

The Veteran's claim for bilateral hearing loss was denied as there is no current evidence of a hearing loss disability.,The Veteran's respiratory issues with shortness of breath/difficulty breathing when exercising were denied due to lack of service connection and insufficient medical evidence linking the conditions to service.

The Veteran's tinnitus claim has been granted on a presumptive basis due to noise exposure in service.,Service connection for left knee and right knee disorders is being remanded as new evidence was submitted after the previous denial.

The Veteran's claims for left ankle bursitis, right shoulder disorder, left shoulder disorder, respiratory disorder, left hip disorder, and low back disorder have been readjudicated due to the submission of new evidence. The claims are granted.

The Veteran's service-connected disabilities, specifically his left knee/lower extremity and back disabilities, are found to render him unable to obtain or maintain gainful employment. The Board granted the TDIU claim with resolution of reasonable doubt in favor of the Veteran.

The Board has granted service connection for a low back disability, finding that the evidence is at least in equipoise as to whether it was incurred during active duty service.

The Veteran's lumbar strain, arthritis and intervertebral disc syndrome rating was reduced from 20 to 10 percent. The Board restored the 20 percent rating effective October 29, 2018. The issue of a higher rating for lumbar strain, arthritis and intervertebral disc syndrome is remanded due to duty to assist error.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and higher ratings for various disabilities. The issues of service connection for bilateral carpal tunnel syndrome, left foot strain (claimed as left foot condition), residuals of a traumatic brain injury, lumbar spondyloarthropathy/degenerative disk disease, and left elbow lateral epicondylitis are all remanded.

The Veteran's left and right ankle disabilities were denied increased ratings, while the low back condition was remanded for further evaluation.,A compensable rating for right ear hearing loss was also remanded.

The Board has denied service connection for a back disability and remanded the issue of service connection for a stomach disorder due to insufficient medical evidence. The Veteran's claims are now pending again with the VA.

The Board has found that further evidentiary development is required to adjudicate the Veteran's claims for service connection for a back disability and sleep apnea, as well as his claim for TDIU. The case will be remanded for additional examinations and opinions.

The Board denied service connection for a sleep disorder as secondary to the Veteran's service-connected degenerative arthritis of the lumbosacral spine, finding that there was insufficient evidence to support the claim.

The Veteran's TDIU claim is remanded due to the inextricably intertwined issue of increased ratings for his service-connected disabilities. The VA will address these issues before making a final decision on the TDIU.

The Board has remanded the Veteran's claims for bilateral hearing loss, PTSD, and low back disability due to insufficient evidence in some cases. The Veteran will need new VA examinations to determine the presence of these conditions and their etiology.

The Veteran's appeal for service connection was dismissed due to his death, and the Board has no jurisdiction to proceed with the case.

The Board has remanded the Veteran's claims for tinnitus and low back disability due to incomplete records and the need for a VA examination.

The Board denied service connection for DDD of the thoracolumbar spine and sleep apnea, finding no credible evidence linking these conditions to service.

The Board denied the Veteran's claim for service connection of his back disorder, finding that it was not incurred in or related to his military service.

The Veteran's claim for a higher evaluation for his lumbosacral strain and degenerative joint disease of the lumbar spine is granted, with a rating of 40 percent effective February 5, 2007.,The Veteran's claim for TDIU is denied.

The Board has remanded the claims for service connection for an acquired psychiatric disability, a back disability, and neuropathy of the lower extremities due to inadequate medical opinions in the original decision. The Veteran's claims are now pending with the AOJ.