Back / lumbar spine decisions — 2019

The Veteran's back disorder was granted service connection. The remaining claims for various other disorders were denied.

The Board denied reopening the claims for service connection for a low back condition and TBI due to lack of new and material evidence that could establish a current disability related to military service.

The Board denied the Veteran's claims for service connection for chronic pain, a back disability, headaches, sciatica, and depression and anxiety as secondary to Legg Perthes disease due to lack of new and material evidence.

The Board dismissed the claim of nonservice-connected pension benefits. The issues of rating higher than 40 percent for transverse ascending myelitis with lumbosacral spondylosis and degenerative disc disease (DDD) in the thoracolumbar spine, entitlement to special monthly compensation (SMC) based on loss of use of both feet, and eligibility for specially adapted housing (SAH) or special home adaptation (SHA) are remanded.

The Board has determined that there was not substantial compliance with the November 2017 remand directives and has therefore ordered the Veteran's claims for service connection to be remanded for further development.

The Veteran's right knee degenerative arthritis with patellofemoral pain syndrome is granted service connection. A 30 percent rating, but no higher, for cervical spine disability (degenerative arthritis) and a 40 percent rating, but no higher, for lumbar spine disability (degenerative arthritis) are granted.

The Board found that the reduction in the disability rating for degenerative arthritis of the thoracolumbar spine from 40 percent to 10 percent was proper based on improvement in the Veteran's condition.

The Board has determined that the Veteran does not have a current diagnosis of any claimed disabilities and finds no credible evidence linking these conditions to service. The claims for service connection are denied.

The Veteran's claims for increased ratings and initial evaluations for his service-connected lumbosacral spine disability and associated lower extremity radiculopathy are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the service connection claims for back disorder, heart disorder, and stroke due to additional evidence being requested.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's headaches are secondary to his service-connected cervical and lumbar spine disabilities.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board has granted TDIU.

The Board has granted service connection for degenerative disc disease of the cervical spine, finding that it is at least as likely as not related to an in-service head injury.

The Board denied the Veteran's claims for service connection for low back and left hip disabilities, as well as his claim for right hip osteoarthritis. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has decided to remand the case due to inadequate VA examination and need for additional evidence, including treatment records.

The claim for service connection for an acquired psychiatric condition other than PTSD (including major depressive disorder) is dismissed. The claim for service connection for traumatic brain injury (TBI) is remanded. The claims for service connection for degenerative joint disease of the cervical spine and thoracolumbar spine are also remanded.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease, thoracolumbar spine status post lumbar decompression and fusion L5-S1 is remanded due to the need for additional development including an examination.

The Board granted service connection for rhinitis, but denied service connection for back disability, cardiovascular disability, hypertension, diabetes mellitus, and nerve damage to the bilateral upper and lower extremities.

The Veteran's service-connected disabilities were not permanent and total as of September 20, 2016. Therefore, the effective date for her Dependent's Education Assistance (DEA) benefits cannot be earlier than September 20, 2016.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional examinations and evaluations.