Back / lumbar spine decisions — 2019

The Board has dismissed all claims of service connection due to the Veteran's death during the appeal process.

The Veteran's claims for increased ratings for low back disability and right knee DJD are being remanded due to the Veteran failing to attend scheduled VA examinations. The Board will provide another opportunity for the Veteran to attend these examinations.

The Veteran's claim for service connection for her lumbar spine, cervical spine, right upper extremity radiculopathy (major), and left upper extremity radiculopathy is remanded due to insufficient medical opinions regarding the nature of her back conditions.

The Veteran's claim for special monthly pension is remanded due to missed VA examinations and the possibility of homelessness. The RO must follow procedures for contacting homeless veterans and obtain all relevant medical records.

The Veteran's abdominal aortic aneurysm is rated at 60 percent, effective April 25, 2019. The claim for TDIU is granted.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's lumbar spine disability, which may be related to an injury during service. The claim will be reconsidered after the examination.

The Board has determined that additional development is needed to determine if the Veteran's back disability, neck disability, and heart condition are etiologically linked to active duty service. The claims for service connection are being remanded.

The Veteran's service-connected disabilities render him so helpless as to need the regular aid and attendance of another person, warranting special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's claims for lower back disability, back disability, bilateral foot disability, varicocele, sleep apnea, urethritis, headache condition, and acquired psychiatric disorder (claimed as secondary to service connected disabilities) have been dismissed due to the Veteran's requests to withdraw his appeals on these issues.

The Board has decided to remand the Veteran's claims for service connection for lower back disorder and bilateral hand disorder due to missing service treatment records, VA treatment records, and a comprehensive listing of all periods of service. The Veteran is required to be provided with a VA examination to evaluate his claimed disabilities.

The Veteran's service-connected disabilities, including unspecified depressive disorder and musculoskeletal conditions, are alleged to have caused his obesity and subsequently led to obstructive sleep apnea (OSA). The Board has determined that a remand is necessary to obtain an opinion on whether the Veteran's OSA was caused or aggravated by his service-connected disabilities.

The Board denied the Veteran's claims for service connection for various disabilities, including low back, left hip, right thigh/hip, left knee, left ankle, and right ankle disabilities. The decision found that these conditions were not related to his service or service-connected right knee disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment since July 31, 2014.

The Board has remanded the Veteran's claims of service connection for bilateral knee disabilities and a low back disability due to insufficient evidence. The issues are being returned for further development, including obtaining medical opinions regarding the etiology of her current conditions.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus, low back disability, and left knee disability due to a lack of evidence linking these conditions to his active service.

The Board has awarded an initial disability rating of 40 percent for lumbar degenerative disc disease and a separate compensable rating of 10 percent each for right and left lower extremity radiculopathy. The Veteran's bilateral hearing loss disability is rated at 70 percent effective February 5, 2019. However, the issue of whether a compensable rating can be assigned prior to that date remains pending.

The Veteran's service-connected disabilities do not render him unemployable, as he has a master’s degree in educational administration and work experience as an Army instructor/teacher. The Board finds that the evidence is insufficient to show his physical impairments prevent him from performing sedentary work.

The Board has remanded the claims for service connection due to insufficient attempts to obtain private medical records, particularly those from a chiropractor.

The Veteran's claim for service connection of a lumbar spine disorder was previously denied in December 1994. New evidence submitted since then does not raise a reasonable possibility of substantiating the claim.

The Veteran is seeking annual VA clothing allowances for low back and right knee braces due to service-connected disabilities. The Board has granted the low back brace allowance but remanded the right knee brace issue due to insufficient evidence.