Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar spine disabilities due to inadequate VA examinations. The AOJ is instructed to arrange for a new VA examination, obtain all relevant records, and provide the Veteran with another opportunity to submit evidence.

The Veteran's service-connected conditions, including major depressive disorder with other specified trauma, lumbosacral strain, cervical strain, and patellofemoral syndrome of the right knee, are being remanded for further development due to new evidence added to her claims file.

The Veteran's claims for an initial rating in excess of 10 percent for lumbar spine disability and service connection for obstructive sleep apnea are remanded due to the need for new examinations and additional records.

The Board has granted the claim for service connection of a low back condition, finding that the Veteran's current diagnosis is related to his military service.

The Board has determined that the April 2015 VA examination was inadequate for adjudicative purposes and thus remands the case for a new examination to determine the etiology of the Veteran's lower back disability.

The Board has remanded the Veteran's claims of service connection for right wrist, left wrist, and low back disabilities due to incomplete medical records and need for further examination.

Your right wrist disability and lumbar spine disability have been rated based on their current severity. However, your case is being sent back for further review as there are some issues that need to be addressed.

A rating of 30 percent, but no higher, for frostbite of the right foot, third toe is granted. The Veteran's other claims are remanded.

The Board found that the Veteran's cervical spine arthritis did not begin during service and was not compensably disabling within a year of separation from his first two periods of service. The claim is denied as new and material evidence has not been received.

The petition to reopen the previously denied claims for service connection for a back disability and right hip disability is granted. The claim of service connection for a right hip strain is also granted.

The Board has determined that the Veteran's claims for service connection, increased ratings, and remand issues must be addressed due to the need for additional VA examinations and medical opinions.

The Veteran's lumbar spine brace causes wear and tear to his clothing, which qualifies him for a clothing allowance in calendar year 2017.

The Board has granted service connection for right ankle and lumbar spine disabilities as secondary to the Veteran's service-connected right knee disability. An effective date of January 23, 2012, is assigned.

The Veteran's bilateral hearing loss claim has been reopened, but the Board is remanding it for further development.,The Veteran's right knee and lumbar spine disability claims have also been reopened, with both being remanded for additional examination and opinion.

The Veteran's claim for a disability evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar or entire spine, and thus no higher rating could be assigned.

The Veteran's service connection claim for a back disability is denied as there is no evidence of a current disability due to disease or injury incurred in or aggravated by service.

The Board has determined that the Veteran's service-connected lumbar spine disability alone is sufficient to warrant a TDIU effective June 28, 2014. Additionally, his other service-connected disabilities are rated at least 60% disabling, meeting the criteria for SMC under Section 1114(s) of the VA Benefits Act.

The Board has remanded the Veteran's claims for additional development due to inadequate examinations and outstanding records. The AOJ is instructed to obtain all relevant records, including private treatment records from Chula Vista California, and schedule an examination by a clinician to determine the current severity of her service-connected back and hip disabilities.

The Board has remanded the claims for service connection for right shoulder and left shoulder disabilities due to conflicting evidence. The low back disability claim is denied as there is no evidence of a current disability that began in service.

The Board has decided to remand the Veteran's claims for a disability evaluation and TDIU due to insufficient information provided by the January 2019 VA examiner regarding flareups, functional loss with use over time, and the degree of functional loss during flareups and with repeated use.