Back / lumbar spine decisions — 2019

The Board has remanded the case due to inadequate examination and requests for an adequate VA examination with a specialist in orthopedics.

The Veteran's claims for service connection were dismissed as no new claims to reopen the chest and back disorders were filed. The Veteran was granted a higher initial disability rating of 50% for PTSD from March 11, 2019.

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

The Board has dismissed the appeals for higher initial ratings for lumbar strain and left lower extremity radiculopathy, as well as the claims for service connection for headache disorder and a left knee disorder. The Veteran did not indicate disagreement with any of the four determinations made in the December 2018 rating decision.

The Veteran's service-connected disabilities have rendered him unable to attend to many of the activities of daily living without regular assistance from a personal caregiver, warranting SMC at the aid and attendance rate.

The Board dismissed the Veteran's appeal regarding the reduction in disability rating for prostate cancer and denied his request to restore SMC at the housebound rate due to lack of a single 100% rated disability.

The Veteran's claims for service connection for a cervical spine or neck disability and low back disability, as secondary to a service-connected knee condition are denied. The VA has ordered additional examinations and remanded the cases for further evaluation.

The Board has granted service connection for thoracolumbar strain with degenerative joint and disc disease and right leg sciatica as secondary to the thoracolumbar disability. The cervical spine disability and bilateral hearing loss claims have been withdrawn.

The Veteran's lumbar spine disability is now rated at 40 percent, effective from February 23, 2016. The appeal for a higher rating prior to this date remains pending.

The Board denied the Veteran's claim for service connection for a lower back disability, including as secondary to his service-connected ankle disabilities. The evidence did not support a finding that the current condition was incurred in or aggravated by service.

The Board denied service connection for a lumbar spine disability, left foot disability, bilateral hearing loss, and tinnitus. Service connection was granted for tinnitus.,Service connection was not established for the Veteran's lumbar spine disability, left foot disability, bilateral hearing loss, or deviated nasal septum.

The Veteran's claim for service connection of mild degenerative joint disease with degenerative disc disease of the lumbar spine was denied. The effective date for the award of service connection for a cervical spine disability is September 1, 1996. The Veteran's left upper extremity radiculopathy and right upper extremity radiculopathy are associated with his service-connected cervical spine disability. Service connection for glaucoma has been granted.

The Board has remanded the claim of service connection for a low back disability, right knee disability, carpal tunnel syndrome, and neuropathy of the lower extremities due to internal inconsistencies in the Veteran's testimony regarding when her disabilities began.,The issue of service connection for a respiratory condition (asthma) remains pending as further development is needed.

The Board has decided that the nature of the Veteran's 2002 service is unclear and requires further investigation to determine her periods of active duty, active duty for training, and inactive duty for training. The case is being remanded for this purpose.

The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, nor housebound.,The Veteran is currently unemployed due to his service-connected disabilities. The Board has remanded for an updated VA examination to determine if the Veteran’s service-connected disabilities alone prevent him from performing occupational tasks.

The Board has granted a 20% rating for left knee instability effective January 2, 2013. The application to reopen the claim for service connection for right knee disability is remanded due to new and material evidence being received. Other claims are also remanded for additional development.

The Board denied service connection for a low back disability due to lack of evidence linking the condition to service or any other related conditions.,Compensation under 38 U.S.C. § 1151 was denied for diabetic retinopathy of left eye with macular edema as there is no evidence that VA's care caused the worsening of the condition.,The Board also denied compensation under 38 U.S.C. § 1151 for left foot osteomyelitis, status post left first ray amputation due to lack of evidence showing VA negligence or fault in causing the disability.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) prior to November 29, 2011 due to service-connected disabilities.

The Board has remanded the case due to issues related to increased rating for low back strain and individual unemployability. The current ratings are not sufficient, and further examination is needed.

The Board has remanded the Veteran's claims for service connection for low back and bilateral hip conditions, as secondary to his service-connected stress fracture calcaneus. The Veteran contends that he developed these conditions due to an injury in service resulting in foot problems.