Back / lumbar spine decisions — 2019

The Board denied the Veteran's claims for service connection for diabetes mellitus, type II, an acquired psychiatric disorder (including PTSD and MDD), a kidney disorder, and a low back disorder due to lack of new and material evidence for diabetes mellitus, type II, and insufficient evidence linking these conditions to service.

The Veteran's service-connected disabilities, including degenerative disc disease and radiculopathy of the bilateral lower extremities, prevent him from securing or following a substantially gainful occupation. The Board granted a TDIU based on this finding.

The Board has remanded the Veteran's claims for service connection for PTSD, an acquired psychiatric disorder, sinusitis, a degenerative arthritis of the spine, intervertebral disc syndrome, and lumbosacral strain (claimed as low back disability), and bilateral flat foot disability due to inadequate VA examinations and lack of evidence regarding the relationship between these conditions and service.

The Board has denied the Veteran's request for an earlier effective date for PTSD and has remanded his claim of service connection for a back disability.

The Veteran's service-connected disabilities do not meet the threshold requirement for a program of vocational rehabilitation and employment benefits due to his current level of education and work experience, which qualify him for suitable employment.

The Board has determined that an additional remand is necessary to obtain a medical opinion regarding whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected left knee disability. Relevant private treatment records must also be sought.

The Veteran's service-connected disabilities, including sleep apnea, shoulder conditions, and PTSD, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to insufficient opinions and consideration of new evidence, including a private medical opinion.

The Board has dismissed the appeals for service connection of lumbar spine disability, heart disability, Parkinson’s disease, and pulmonary disability due to the appellant's withdrawal of these claims.

The Veteran's service-connected dementia alone does not render him unemployable, thus SMC based on statutory housebound status is denied.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted, but the appeal is only granted to this extent. The remaining issues of service connection for left foot disability, left ankle disability, dermatological condition (actinic keratosis), and thoracolumbar spine disability are remanded.,The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been reopened due to the submission of new and material evidence. The claim for service connection for tinnitus has been granted. The remaining issues of service connection for left foot disability, left ankle disability, dermatological condition (actinic keratosis), and thoracolumbar spine disability are remanded.

The Veteran's service-connected disabilities alone rendered him in need of regular aid and attendance, which is sufficient to grant special monthly compensation (SMC) based upon the need for aid and attendance.

The Board has reopened the claims for service connection for a low back disorder to include spina bifida and a chronic liver disorder with elevated ALT readings, as new and material evidence was received during the Veteran's hearing. The right knee disorder claim is also being remanded.,The VA is required to remand the cases of the Veteran due to the need for further development regarding his claims for service connection for low back, liver, and right knee disorders.

The Veteran's cause of death is granted due to his service-connected conditions contributing substantially or materially to his death. DIC benefits under 38 U.S.C. § 1318 are denied as the Veteran did not meet the criteria for receiving such benefits.

The Board has determined that the Veteran's lumbar spondylolysis associated with lumbar disc disease was aggravated by his service-connected bilateral knee condition, and therefore grants service connection for this condition as secondary to his service-connected bilateral knee condition.

The Board has remanded the Veteran's claims for an initial disability rating greater than 10 percent prior to February 9, 2017 and greater than 20 percent thereafter for osteoarthritis of the lumbar spine. The Veteran also had his TDIU claim remanded due to inconsistencies in VA examination reports.,The Board has also remanded the Veteran's claim for an effective date earlier than September 6, 2018 for the assignment of a total disability rating based on individual unemployability due to service-connected disability (TDIU).

The Board has remanded the Veteran's claims for service connection for lower back, right knee, left knee, and bilateral ankle disorders due to conflicting evidence regarding whether these conditions are related to service. The case is sent back for additional medical opinions from an independent orthopedic or spinal specialist.

The Board has remanded the Veteran's claims of service connection for low back condition, bilateral hip condition, bilateral knee condition, and chronic fatigue syndrome due to incomplete records. The AOJ is instructed to obtain all available records including from McGuire-Dix-Lakehurst, VA Community-Based Outpatient Clinic in Brick, New Jersey, emergency room records related to the Veteran's low back condition, treatment records related to his knee surgery, and TriCare records.

The Veteran's claims for increased ratings for residuals of a lumbar spine fracture and hypertension were denied. The Veteran was granted TDIU.

The Veteran's degenerative disc disease of the lumbar spine is now rated at 40 percent from February 25, 2017.,The Veteran's degenerative disc disease of the cervical spine is now rated at 30 percent from February 25, 2017.