Back / lumbar spine decisions — 2019

The Veteran's appeal regarding the reduction of his disability rating for lumbar spine disability from 40 to 20 percent, effective December 28, 2013, was dismissed due to the death of the appellant before a decision could be made.

The Veteran's service-connected disabilities, including right leg above the knee amputation and left lower foot peripheral neuropathy, have resulted in a combined disability rating of 90 percent. The Board has determined that these conditions meet the criteria for eligibility for specially adapted housing due to locomotion limitations.

The Board has granted service connection for tinnitus but denied service connection for traumatic brain injury and a back condition. The case is remanded to obtain additional medical opinions regarding the Veteran's claims.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied. His claim for TDIU prior to March 13, 2019 was also denied. However, his claim for TDIU from March 13, 2019 is dismissed as moot.

The Board has remanded the claims of service connection for sickle cell trait with bleeding and migraines, sleep apnea (Gulf War exposure), erectile dysfunction (secondary to hernia and medications), degenerative disc disease of the cervical spine, allergic rhinitis, and inguinal hernia. The Veteran is also requested to provide a DRO hearing.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's current condition is related to his active duty service. The claim was reopened due to new evidence submitted since the March 1978 rating decision.

The Board has decided to remand the cases for further development and examination due to the need for updated evidence of current severity for bilateral hearing loss, a VA examination for a low back disorder, and a VA examination for a digestive disorder.

The Board has determined that the Veteran's low back disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has decided to remand the case for further development due to a lack of private treatment records from Methodist Community Hospital, which may contain information about the onset and continuity of the upper/lower back disorder during service.

The Veteran's claim for TDIU is dismissed as moot because he has already been receiving a 100% rating for his service-connected bilateral progressive cone dystrophy and other disabilities, which qualifies him for special monthly compensation (SMC) under Section 1114(p). An award of TDIU would not provide the Veteran with additional SMC benefits.

The Board has remanded the claims for service connection for a low back disability and for an increased rating for PTSD due to outstanding VA treatment records and private mental health treatment records.

The Board has remanded the issues of service connection for cervical spine and lumbar spine conditions due to a duty-to-assist error. The VA-contracted medical opinions did not provide adequate rationale regarding whether these conditions were aggravated by the Veteran's service-connected left shoulder disability.

The Board has determined that the May 2013 VA examiner's opinion is inadequate and a new examination is needed to address the Veteran's service connection claim for a back disability.

The Board has denied the Veteran's claims of service connection for various conditions, including right knee and leg disabilities, hypertension, right foot disability, lower back disability, and right hip disability. The evidence does not establish a link between these conditions and service.

The Veteran's acquired psychiatric disability, allergic rhinitis, and several other conditions are granted service connection. Service connection is also remanded for low back, cervical spine, right knee, gastrointestinal, and hypertension disabilities.

The Board has decided that the Veteran's tinnitus is service connected. The remaining claims of service connection for lumbar spine disability, respiratory disorder, and bilateral hearing loss are remanded for further development.

The Board denied the claim for service connection of a bilateral hip disorder as secondary to a service-connected lower back disorder, finding that there was no in-service incurrence or aggravation of the hips and insufficient evidence linking the current hip condition to the service-connected back disorder.

The Board has granted the Veteran's claim of service connection for a back disorder, finding that it is at least as likely as not related to his active duty service. The decision also reopened the previously denied claim.

The Veteran's service-connected disabilities, including lumbar paravertebral myositis, degenerative osteoarthritis of the left knee, and other musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on these disabilities.

The Veteran's claims for service connection have been reopened and are granted. The new evidence includes diagnoses of PTSD, major depressive disorder, adjustment disorder, low back disorder, bilateral foot disorders (including flat feet and plantar fasciitis), and right hand disorders.