Back / lumbar spine decisions — 2018

The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for his shoulder and spine conditions, as well as PTSD. The claims are being remanded due to a lack of recent VA examinations that did not account for functional loss or flare-ups.

The Veteran's death was not caused by any service-connected disability, and the cause of death (chronic aspiration pneumonia, altered mental state, new onset seizure disorder) is not related to VA care or treatment. The Board denied both claims for service connection for the cause of death and DIC under 38 U.S.C. § 1151.

The Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities was denied as there is no evidence of an earlier claim or raised by the record.

The Veteran's lumbar spine spondylolisthesis with degenerative disc disease was granted a rating of 40 percent from October 8, 2015 to November 28, 2017. The Veteran also received a grant for total disability based on individual unemployability.

The Veteran's service-connected myofascial low back pain with degenerative disc disease has rendered him unemployable due to his condition, and the Board grants a total disability rating based on individual unemployability (TDIU).

The Board has determined that additional development is necessary to address the Veteran's claims for a rating in excess of 10 percent for residuals of meningitis with migraine headaches and service connection for a back disability. The case is being remanded for further action.

The Board has remanded the claims due to inadequate examinations that did not account for flare-ups, which are a significant factor in assessing spinal disabilities.

The Veteran's claims for bilateral hearing loss, tinnitus, left hip disability, right hip disability, right knee disability, left knee disability, low back disability, and depressive disorder have been granted. The decision also remanded the claim for service connection for a bilateral foot disorder.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the current severity of the Veteran's cervical and lumbar spine disabilities.

The Veteran's claims for clothing allowances related to his service-connected conditions were denied. The Board found that the evidence did not support the need for additional clothing allowances due to damage caused by his braces and topical medications.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include PTSD, depression, a respiratory disorder, TBI with insomnia and memory loss, lumbar strain/sprain, cervical DDD, and migraine headaches.

The Board has remanded the claims for an unexplained burning sensation of the skin, headaches, flat feet (pes planus), and memory loss due to cervical spine degenerative disc disease. The appeals are pending.

The Board has granted service connection for a lumbar spine disability and denied service connection for plantar fasciitis of the right foot. The Veteran's current degenerative disc disease is found to be related to injuries sustained during active service, while his current right foot pain is not considered to be related to any aspect of service.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his claimed disabilities, particularly those related to his right knee and hips. The Veteran is required to provide additional medical evidence or clarification of his symptoms.

The Board has reopened the Veteran's claims for service connection for lumbar spine, left knee, and right knee disabilities due to new evidence submitted since the August 2001 denial. The claims are now remanded for further development.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability, bilateral knee disability, and migraine headaches due to incomplete service medical records and the need for further examination.

The Veteran's appeal includes multiple issues related to his acquired psychiatric condition, hearing loss disability, tinnitus, thoracic/lumbar spine disability, shoulder and knee disabilities, pes planus, eye disabilities, migraine headaches, acid reflux, pseudofolliculitis (PFB), hemorrhoids, pulmonary conditions, including COPD, and Meniere’s disease. The Board has remanded these issues for further action.

The Veteran's claim for service connection for lumbosacral strain with arthritis, now claimed as spondylitis and neck disorder, is granted. The Board finds new and material evidence has been received to reopen the claim.

The Board has remanded the claims for service connection for a low back disability, bilateral lower extremity radiculopathy as secondary to low back disorder, and depression as secondary to low back disorder due to the need for additional medical opinions regarding the etiology of the Veteran's current low back disability.

The Board has determined that additional development is needed before the claims on appeal can be decided. The issues of entitlement to restoration of a 20 percent rating for a back disability, an increased rating for a back disability, and an increased rating for migraine headaches are inextricably intertwined with other pending issues.