Back / lumbar spine decisions — 2018

The Veteran's claims for higher ratings for his right knee, thoracolumbar spine, and heart disabilities are being remanded due to the need for additional examinations to assess their current severity.

The Board has reopened the claims for service connection for tinnitus and heart condition, but denied reopening of the claim for lumbar spine DJD and DDD with mechanical strain. The decision on the underlying merits of these claims will be decided de novo.

The Board has determined that the veteran's lumbar spine disability, diagnosed as intervertebral disc syndrome and degenerative joint disease, is due to a lifting injury in service. As such, service connection for this condition is granted.

The Board has denied service connection for low back disability and pemphigus vulgaris, but has remanded the cases of residuals of a right ankle sprain and obstructive sleep apnea.

The Veteran's lumbar spine disability is currently rated at 10 percent and the Board has remanded to obtain additional medical records and schedule a VA examination.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance from another person, warranting SMC at the aid and attendance rate. As this is a greater benefit than SMC on account of being housebound, his claim for SMC based on housebound status is dismissed.

The Veteran's service-connected lumbar spine strain disability is sufficient to render her unable to secure and follow a substantially gainful occupation, thus meeting the criteria for TDIU.

The Veteran's claim for service connection for a lower and middle back condition was denied due to lack of medical evidence linking the current condition to his military service. The Board found no new and material evidence submitted since the April 2015 denial, thus denying the reopening of this claim. The claims for increased ratings for bilateral knee disabilities and foot disabilities are remanded as additional examinations are needed.

The Veteran's claim for a higher rating for his lumbar spine disability is being remanded due to the need for a new VA examination and the request for additional private treatment records.

The Board has remanded the cases due to insufficient evidence and requests for additional examinations.

The Veteran's claim for an increased rating for his low back disability was granted, and the Board found that agent fees in excess of $97.60 are not warranted due to a lack of timely notice of disagreement on the issue.

The Veteran's low back strain and lumbar spasms, respiratory disease (manifested by dyspnea on exertion), and obstructive sleep apnea are all granted as service-connected.,Regarding the application to reopen a previously denied claim of entitlement to service connection for posttraumatic stress disorder (PTSD) and an acquired psychiatric disorder (other than PTSD), including an adjustment disorder, this matter is remanded.

The Board has remanded the case due to an inadequate examination in January 2015, which was internally inconsistent and did not adequately describe the Veteran's medical history. The examiner also failed to consider the Veteran’s prior medical history regarding flare-ups.

The Board denied the Veteran's claims for earlier effect date for SMC based on aid and attendance, higher rating for SMC, entitlement to specially adapted housing or special home adaptation grant, and the timeliness of his substantive appeal for February 10, 2012 Statement of the Case.

The Veteran's claim for service connection for bilateral hearing loss, thoracolumbar spine disability, skin disability, tinnitus, and head injury was denied as there is no evidence of a current disability related to his military service.

The Board has reopened the Veteran's claim for service connection of lumbar spine, left hip, bilateral knee and left ankle disabilities. The claims are now remanded for further development.

The Board has remanded the cases for further examination and rating determinations due to inadequate examinations in previous decisions.

The Board has reopened the Veteran's claims for service connection for a left shoulder disability and a back disability, but has remanded them for further development.

The Veteran's cervical spine disability is currently rated at 20 percent, and the Board has found that a higher rating is not warranted. The case is remanded for further development.

The Veteran's back condition is granted as secondary to his service-connected right knee disability.,His initial compensable rating for right knee scars was denied, and the claim is remanded.