Back / lumbar spine decisions — 2019

The Board has granted an effective date of January 12, 2018 for the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected PTSD. The decision is based on the Veteran filing a complete claim within one year of indicating his desire to file such a claim.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his claimed disabilities, particularly those related to asbestos exposure and service treatment records.

The Board has determined that the Veteran's low back disability is not related to service and therefore denied his claim for service connection.

The Board has decided to remand the case due to incomplete service records and the need for a VA examination to determine if the Veteran's current low back disability is related to his military service.

The Board has remanded the claims of service connection for lumbosacral strain, left hip strain, allergic rhinitis, chronic fatigue syndrome (CFS), chronic bronchitis, and pneumonia due to inadequate rationale in the previous VA examination.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions. The appellant's hearing loss and tinnitus are related to his military service, but the exact nature of his knee, back, cervical spine, and diabetes mellitus disabilities is unclear.

The Board has remanded the cases of the Veteran's anxiety disorder and back condition for further development, including obtaining updated VA treatment records and scheduling examinations.

The Board dismissed the Veteran's appeal for service connection for a peptic ulcer, loss of smell, chronic fatigue syndrome, and total rating based on individual unemployability (TDIU). The claims for service connection for mononucleosis, upper bilateral extremity disability, and lower back disability were reopened due to new and material evidence. Other issues remain pending.

The Veteran is found to be unable to secure and follow substantially gainful employment due solely to his service-connected disabilities, with the benefit of doubt resolved in his favor.

The Board has remanded both issues for further development due to inadequate examination reports and unclear medical opinions. The Veteran's lumbar spine disability and sinus disorder are still under consideration.

The Board denied service connection for a lumbar spine disability, finding that the evidence did not establish a nexus between the current condition and service.

The Veteran's service-connected disabilities, including PTSD and low back pain with degenerative disc disease, necessitate the need for regular aid and attendance of another person. The Board granted SMC based on this requirement.

The Veteran's application for assistance in acquiring specially adapted housing and a special home adaptation grant was denied as he does not have a permanent and total service-connected disability.

The Board has granted service connection for low back and left foot and ankle disabilities as secondary to a right ankle disability. The Veteran's current diagnoses are linked to his service-connected right ankle disability.

The Veteran's appeal for an increased rating for his low back disability is remanded due to the need for updated VA treatment records and a new examination.

The Board denied service connection for a lumbar spine disorder, bilateral hearing loss, and tinnitus (secondary to bilateral hearing loss) due to lack of evidence linking these conditions to service.

The Veteran's appeals for service connection for right knee, left knee, lumbar spine, and right shoulder disorders have been dismissed due to the Veteran withdrawing his appeal prior to a decision being made by the Board.

The rating reduction from 40 percent to 20 percent for a low back disability was improper, and the restoration of the 40 percent rating is granted. The Veteran's claim for a higher disability rating remains pending.

The Board has restored a 40 percent rating for the Veteran's lumbar spine disability, effective August 17, 2013. The reduction in rating was found to be void ab initio due to an inadequate VA examination used to support the reduction.

The Veteran's service-connected disabilities are of such severity that they prevent him from securing or following substantially gainful employment, and the Board has determined that he meets the criteria for a TDIU effective November 3, 2015.