Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims for service connection for various disabilities, including fibromyalgia and elbow/knee disabilities. The case is being returned to the RO for additional development, including obtaining training dates from the Army Reserve Unit and scheduling a VA examination.

The Board has remanded the cases due to insufficient evidence regarding whether the Veteran's bilateral shoulder disability and upper back disability are related to her active duty service, including a September 2009 motor vehicle accident.

The Veteran's appeal was dismissed because they died during the pendency of the appeal, and thus the Board has no jurisdiction to decide the merits of their claim.

The Veteran's right hip disorder and bilateral lower extremity lumbar radiculopathy were granted service connection. However, the rating for his lumbar radiculopathy was denied prior to April 3, 2013, but granted as of that date with a 40% rating.

The Board has remanded the case due to inadequate VA examinations and a need for new medical opinions regarding the Veteran's lumbar muscle strain with degenerative arthritis.

The Veteran's claim for a clothing allowance in 2013 was denied because the prescribed medication (Clobetasol ointment) did not cause damage to his clothing, and there is no provision for damage resulting from the disability itself.

The Board has granted service connection for migraine headaches. Service connection for cervical spine and lumbar spine disabilities is remanded due to inadequate medical opinions.

The Board has remanded the claims for service connection for hypertension, low back disability, and bilateral vision disorder due to insufficient evidence or conflicting opinions.

The Veteran's claims for service connection for left shoulder condition, back condition, and acquired psychiatric disorder have been denied as the evidence does not support a finding that these conditions began during service or are otherwise related to an in-service injury, event, or disease.

The Board has granted service connection for right ear hearing loss but denied service connection for low back disability. Right ear hearing loss is found to be caused by in-service noise exposure, while the low back disability is not considered to have been aggravated or caused during active duty.

The Board has remanded several service connection claims due to the lack of records from the Veteran's period of active service from January 1971 to December 1973. The VA must attempt to obtain these records and provide a formal finding if they cannot be obtained.

The Board has granted service connection for cervical spine disability, degenerative joint disease, and degenerative disc disease of the cervical spine. The evidence is evenly balanced regarding whether these disabilities are related to military service.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss, tinnitus, lumbar spine disability, and hepatitis C due to incomplete history provided by the VA examiner in March 2012. The issues are now inextricably intertwined as they all relate to his active duty service from June 1970 to June 1973.

The Board has determined that the VA examinations and opinions are inadequate, and thus remanding for a new examination to determine if the Veteran's current back disorder is related to service.

The Board has granted service connection for PTSD and remanded the issue of service connection for lumbar spine injury with residuals.

The Board has granted service connection for cervical disc disease, lumbar disc disease, and bilateral lower extremity radiculopathy. The conditions are related to an in-service injury during active duty.

The Board has determined that additional examinations are needed for the Veteran's hearing loss, left ankle disability, headaches, and low back disabilities due to their worsening since his last VA examination. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claims.

The Board has determined that the April 2013 rating decision was not final and remanded the claims for further development. The Veteran's back disability claim is being remanded to obtain an addendum medical opinion, while his PTSD claim requires verification of reported stressors.

The Board has remanded the claims of service connection for various disabilities, including left-hand disability, right-hand disability, lumbar spine disability, skin condition, jungle rot, bilateral hearing loss, and tinnitus. The Veteran's recent treatment records and his lay statements concerning onset and severity are to be considered.

The Veteran's claims for PTSD, lumbar spine disability, and tinnitus were granted with an effective date of May 16, 2016.