Back / lumbar spine decisions — 2019

The Board has remanded the claims for lumbar spine and cervical spine disabilities due to insufficient evidence regarding their etiology. The Veteran's service connection claims are pending, but a new examination is required to determine if his current conditions are related to his military service.

The Veteran's claim for an effective date prior to May 18, 2015 for the grant of service connection for PTSD has been denied as her NOD was not timely filed.,The Veteran's claim for an effective date prior to May 18, 2015 for the grant of service connection for lumbosacral strain has also been denied due to lack of a timely NOD.

The Board has remanded the Veteran's claims for service connection due to incomplete records and a failure to comply with prior instructions. The Veteran is required to provide additional VA treatment records, especially from Salisbury VAMC and Hickory VA OPC, as well as SSA disability records.

The Board has remanded the Veteran's claims due to receipt of additional evidence. The AOJ is instructed to attempt to obtain all relevant records and readjudicate the cases.

The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 is remanded due to the need for additional medical opinions and development of records.

The Board has determined that the Veteran's service-connected disabilities alone rendered him unable to secure or follow a substantially gainful occupation, and thus granted his TDIU claim.

The Veteran's bilateral hearing loss was not incurred in service and is not related to his active duty.,His right lower extremity, left lower extremity, and right arm/upper extremity peripheral neuropathies were not incurred in service and are not related to his active duty.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran's lumbosacral strain with spasm is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's attorney, B.A., is eligible for payment of fees from past-due benefits awarded in the June 2013 Board decision and effectuated in the August 2013 rating decision which granted service connection for bilateral hearing loss and granted an earlier effective date for the grant of service connection for lumbar spine DDD. The issue of reasonableness of attorney fees is remanded.

The Board has determined that the Veteran's service connection claims for various disorders are remanded due to missing service treatment records. The AOJ is instructed to obtain these records and provide the Veteran with VA examinations if necessary.

The Veteran's service-connected disabilities render him unable to follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.

The Board has decided to remand the case due to the need for additional development and examination, including obtaining SSA records and a VA examination.

The claim for service connection has been reopened, but the issues of left knee disorder, bilateral hearing loss, lumbar spine disorder, right shoulder disorder, left foot disorder, and right foot disorder are remanded due to lack of a VA examination.

The Veteran's service-connected disabilities, including cervical spine degenerative changes with disc bulges and multiple lower extremity radiculopathies, have rendered him unable to secure or follow a substantially gainful occupation. The Board has remanded the matter for further consideration of whether TDIU is moot due to his combined 100% disability rating.

The Veteran's appeal is remanded due to the need for additional VA examinations and opinions regarding his service-connected knee disabilities and low back disability. The issues of higher initial ratings for his right and left knee conditions, as well as service connection for a low back disability, are being remanded.

The Board has denied the Veteran's claim for a compensable rating for bilateral hearing loss. The issues of service connection for various conditions, including right rotator cuff condition, back condition, asbestosis, and knee conditions are remanded due to outstanding records.

The Veteran's appeals for increased ratings in excess of 10 percent for tinnitus, 70 percent for PTSD, and 60 percent for ankylosing spondylitis of the lumbar spine have been withdrawn. The Board has no further jurisdiction with respect to these claims.

The Board has remanded several service connection claims due to the need for additional examinations and development of evidence. The appellant's left knee osteoarthritis claim remains in appellate status, while his generalized anxiety disorder claim requires a new examination.

The Veteran's appeal for service connection on all three issues (erectile dysfunction, lower back disability, and radiculopathy) is being remanded due to the Veteran withdrawing his claim for erectile dysfunction. The remaining claims of entitlement to service connection for a lower back disability and associated radiculopathy are being remanded as well.