Back / lumbar spine decisions — 2019

The Board has denied the Veteran's claims of service connection for shoulder disability, neck disability, back disability, cardiovascular disability, and diabetes mellitus. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Veteran's claims for a back disability, osteopenia, and gastrointestinal reflux disease (GERD) were denied. The Board found that the evidence did not support service connection for these conditions.

The Veteran's appeal is remanded for the issuance of a Statement of the Case regarding his claims for increased evaluations for various service-connected disabilities.

The Board has granted service connection for bilateral hearing loss. The claims for left foot, right foot, lower back, right hip, and left hip disabilities are remanded.

The Veteran's low back disability is rated at 40 percent, effective July 18, 2019. The rating is subject to the criteria governing the payment of monetary benefits.

The Veteran's claims for increased ratings and TDIU have been dismissed due to their death.

The Board has remanded the Veteran's claims for service connection for a back disability and bilateral knee disability due to VA's failure to obtain private treatment records from Dr. H.

The Board has decided to remand the cases for further development and consideration. Service connection is being remanded for left knee, right knee, and low back conditions.

The Board has remanded the Veteran's claims of service connection for back, cervical spine, and bilateral knee conditions due to insufficient evidence regarding their etiology. An examination is needed to determine if these conditions are related to his military service.

The Veteran's appeal for service connection for TBI and to reopen claims of PTSD, generalized anxiety disorder, major depressive disorder, and lumbar spine DJD has been dismissed due to his death before a decision was made.

The Board denied the Veteran's appeal as his substantive appeal regarding an earlier effective date for a 40 percent evaluation of his lumbar spine disability was not timely filed.

The Veteran's use of Menthol/M Salicylate topical cream for arthritis pain is not eligible for a clothing allowance as it was not prescribed for a skin condition due to any service-connected disability.,The Veteran’s back brace, which she uses for her service-connected DDD of the low back, does not qualify for a clothing allowance because it is made of soft material and does not cause wear or tear on clothing.

The Board denied service connection for a low back disorder, alcohol abuse, and a rating in excess of 70 percent for PTSD. The Board found no direct evidence linking the current conditions to service.

The Board has remanded the case for further development and examination to determine the nature and etiology of the Veteran's neck disability, as well as the current level of severity of her low back disability and left knee disability. The issues on appeal include service connection for a neck disability, increased ratings for a low back disability, and an initial rating for a left knee disability.

The Veteran's VA disability benefits were reduced due to the recoupment of her separation pay. The appeal is denied as the law requires the recouping of separation pay from VA disability compensation.

The Board denied a rating in excess of 10 percent for the Veteran's lumbosacral strain (back disability) due to lack of evidence showing at least limitation of forward thoracolumbar flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm, guarding severe enough to result in abnormal gait or contour, ankylosis, incapacitating episodes, or associated neurological disability.

The Veteran's combined disability rating is denied as it does not meet the criteria for a 100% rating.

The Veteran's current back disability is not etiologically related to service. Service connection for degenerative disc disease lumbar spine, post spinal fusion is denied.

The Board has determined that the Veteran's current lower back disability, including degenerative arthritis of the spine, lumbar disc degeneration, and spondylosis, is related to his in-service injury. As a result, service connection for this condition is granted.

The Board denied the Veteran's claim of entitlement to service connection for a low back condition as secondary to his right leg disability, finding that new and material evidence did not raise a reasonable possibility of substantiating the claim.