http://www.va.gov/vetapp16/Files4/1634321.

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Citation Nr: 1634321
Decision Date: 08/31/16
DOCKET NO.
)
)

Archive Date: 09/06/16

09-20 354 ) DATE

On appeal from the

Department of Veterans Affairs Regional Office in Nashville, Tennessee
THE ISSUES
1.

Entitlement to service connection for peripheral vascular disease of th

2.

Entitlement to service connection for peripheral vascular disease of th

3.

Entitlement to service connection for a heart disorder, to include as s

4.

Entitlement to service connection for a prostate disorder.

5.

Entitlement to service connection for a low back disability.

6.

Entitlement to a rating in excess of 20 percent for type II diabetes me

7.

Entitlement to a total disability rating based on individual unemployab

REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Jarrette A. Marley, Counsel
INTRODUCTION

The Veteran served on active duty in the United States Marine Corps from Ma
These matters come before the Board of Veterans' Appeals (Board) on appeal

A prior hearing in August 2010 was held before a Veterans Law Judge (VLJ) w

These matters were previously before the Board in April 2011, April 2014, a

The November 2014 Board remand included the matter of entitlement to servic

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R.

The issues of entitlement to service connection for peripheral vascular dis

FINDINGS OF FACT
1.

The Veteran has been diagnosed with lumbar spine degenerative disc dise

2.

The Veteran has competently and credibly reported recurrent low back pa

CONCLUSION OF LAW
The criteria for service connection lumbar spine degenerative disc disease
REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran asserts that he has a low back disability that is related to se
Service connection is granted for disability resulting from disease or inju

Establishing service connection generally requires medical or, in certain c

In making all determinations, the Board must fully consider the lay asserti

Service treatment records reflect the Veteran was hospitalized in March 196

A June 2011 VA examiner opined, after examining the Veteran, that the Veter

The Veteran has testified that he has suffered recurrent low back pain ever

Where, as here, the evidence is in relative equipoise concerning a nexus be

ORDER

Service connection for lumbar spine degenerative disc disease and degenerat
REMAND
The Board finds that the matters on appeal must be remanded for additional

Regarding the claims for service connection for peripheral vascular disease

Regarding the claim for service connection for a prostate disorder, the mat
In regards to the Veteran's claim for an increased rating for his diabetes
Additionally, because the Veteran's TDIU claim is inextricably intertwined

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's docket pursuant

1. The RO should associate with the claims file updated VA treatment record

2. Obtain an addendum to the January 2015 examination report regarding the

The examiner is asked to provide an opinion as to whether it is at least as
The examiner is also asked to provide an opinion whether it is at least as

All findings and conclusions should be set forth in a legible report, and t
3. Obtain an addendum to the January 2015 examination report regarding the

The examiner is asked to provide an opinion as to whether it is at least as

The examiner is also asked to provide an opinion whether it is at least as

All findings and conclusions should be set forth in a legible report, and t
4. Obtain an addendum to the October 2015 examination report regarding the

The examiner is asked to provide an opinion as to whether it is at least as

All findings and conclusions should be set forth in a legible report, and t
5. Then readjudicate the appeal, to include whether entitlement to TDIU is

The appellant has the right to submit additional evidence and argument on t
This claim must be afforded expeditious treatment.

______________________________________________
STEVEN D. REISS
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs

The law requires that a