Back / lumbar spine decisions — 2019

The Board has remanded the case due to the need for a new VA examination to assess the Veteran's ability to secure and maintain employment due to his service-connected disabilities.

The Board denied service connection for degenerative disc disease of the thoracolumbar spine, left ankle disability, and hypertension as there was no evidence that these conditions began during active duty or were related to such service.,While the Veteran claimed his current back condition may be due to a prior injury in 1976, the Board found insufficient medical evidence linking this condition to his military service.

The Board has remanded several issues for further development, including obtaining VA treatment records and requesting addendum opinions. The Veteran's service-connected disabilities are found to render him unable to secure or follow a substantially gainful occupation.

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

The Veteran's appeal is remanded for additional examinations to determine the nature and etiology of his claimed hip, knee, psychiatric, and low back disabilities. The appeals are also remanded for a VA examination to determine if any current psychiatric disability is secondary to service-connected bilateral foot disability.

The Board has remanded the case due to failure to comply with prior remand directives, including not ensuring substantial compliance with the terms of its June 2017 remand and providing an adequate statement of reasons or bases for its decision.

The Veteran's back and neck disabilities are rated at the maximum available rating of 20 percent each, with no higher ratings granted.,The Veteran's radiculopathy in both upper extremities is rated at the maximum available rating of 70 percent for the right side and 60 percent for the left side.

The Board has decided that the Veteran's low back disability may be related to service, but needs further examination and medical opinion to determine this conclusively.

The Board has determined that the Veteran's vocational rehabilitation and employment (VR&E) benefits claim requires additional evidence, including a new vocational rehabilitation evaluation considering his current symptomatology related to service-connected disabilities. The AOJ is instructed to obtain this information and associate it with the claims file.

The Veteran's back disability was restored to a 10 percent rating, effective June 24, 2016. The left knee disorder claim is remanded for further development.

The Board denied the Veteran's claims for earlier effective dates for service connection awards due to a lack of evidence supporting an earlier date.

The Board has determined that remand is necessary for the Veteran's left great toe disability, bilateral hearing loss disability, and low back disability due to new evidence of worsening symptoms since his last examinations.

The Board has remanded the case due to inadequate examination regarding the Veteran's claimed back condition. The examiner was not able to provide a clear opinion on whether the condition pre-existed service or was aggravated by service.

The Veteran's claim for compensation due to an incisional hernia resulting from kidney stone surgery is denied. The Board finds that there was no carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part in furnishing hospital care, treatment, or examination that proximately caused the Veteran's additional disability.

The Board has decided to remand the Veteran's service connection claims for lumbar spine disorder, bilateral lower extremity lumbar spine radiculopathy, cervical spine disorder, and bilateral upper extremity cervical spine radiculopathy due to lack of development regarding his reported assault during service and incomplete medical records.

The Board has denied the Veteran's claims for service connection for lumbar spine and cervical spine disabilities, as well as his claims for service connection for left knee and right knee disabilities. The Board found that the Veteran does not have current diagnoses of these conditions and did not find a link between any in-service injuries or illnesses and the claimed disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is denied because the evidence does not show that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's appeals for increased ratings for his right and left knees have been withdrawn.,The Veteran has been granted service connection for right ear hearing loss, but the issue of low back disability is remanded.

The Board has remanded the claims of service connection for back, neck, and right lower extremity disabilities due to a lack of VA treatment records from the Charleston VA Medical Center. The Veteran should be provided with new VA examinations to determine if he currently has these conditions and whether they are related to his military service.

The Veteran's treatment at TMC was for a medical emergency and VA approved payment or reimbursement for the initial treatment. However, due to his refusal of transfer to a VA facility, VA denied further reimbursement from June 29, 2017 through July 4, 2017.