Back / lumbar spine decisions — 2019

The Board has remanded the claims for an increased evaluation for service-connected lumbar spine degenerative arthritis and a TDIU due to incomplete consideration of evidence, including VA outpatient treatment records.

The Board has determined that the Veteran's current right knee disability, diagnosed as horizontal tear of medial meniscus posterior horn with joint effusion, does not meet the criteria for service connection. The issues related to his right elbow contracture, cervical strain, lumbar strain, and left lower extremity radiculopathy are remanded for further development.

The Board denied service connection for lumbar strain and right ankle pain, finding that the evidence did not support a link between these conditions and military service.,The Veteran's claims for right shoulder pain, an acquired psychiatric disorder, and other issues were also denied.

The Veteran's migraine headaches are granted as secondary to his service-connected Meniere’s Syndrome. The low back and right lower extremity disabilities are remanded for further examination.

The Veteran's claim for a higher disability rating for his service-connected arthritis of the lumbar spine is being remanded due to an inadequate VA examination. The case will be reviewed and a new examination conducted.

The Board denied service connection for a right foot disability, lumbar spine disability, and cervical spine disability. The decision found that the Veteran's right foot disability was not aggravated during service beyond its natural progression, and there is no evidence of a nexus between his current back and neck disabilities and service.

The Veteran's service connection for fibromyalgia is granted due to the presumption of service connection. The issue of a rating in excess of 40 percent for low back strain and TDIU are remanded.

The Veteran's service-connected disabilities, including his psychiatric disorder and degenerative joint disease of the lumbosacral spine, have been sufficiently disabling to render him unable to maintain substantially gainful employment consistent with his education and occupational background.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection due to lack of a definitive opinion and potential missing records. The Veteran is also required to provide authorization for VA to obtain relevant records from his incarceration.

The Veteran's claims for service connection have been granted, with effective dates ranging from August 11, 1995 to September 17, 2014. The application to reopen the claim of service connection for psychiatric disability has also been granted.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, a back disability, and a bilateral leg disability are all granted.

The Board has determined that additional medical records from the Social Security Administration (SSA) are needed to properly assess the Veteran's claims for service connection. The AOJ must ensure that the examiner’s nexus opinions correspond with the examination report of the joint being addressed.

The Board has dismissed the appellant's claims for service connection for hypertension and diabetes mellitus as he withdrew his appeals on these issues.,The petition to reopen the claim for service connection for an acquired psychiatric disorder is granted, but the specific diagnosis of PTSD or MDD must be determined through a VA examination.

The Board denied the Veteran's claims of service connection for low back, bilateral foot, and left leg disabilities due to a lack of evidence showing an in-service event, injury, or disease that caused these conditions.

The Board has denied service connection for an eye disability and residuals of frostbite (left hand). The Veteran's left thumb condition and low back condition are remanded for further examination. Service connection for a heart condition is also remanded.

The Board has remanded the case due to failure to obtain private chiropractic records from 1970 and 1985, as these records are necessary for a complete evaluation of the Veteran's claim.

The Board has decided to remand the Veteran's claims for service connection for lower back and right shoulder disabilities due to a lack of post-service medical evidence establishing current disabilities related to his military service.

The Board has decided to remand the cases for further evaluation due to new evidence and a need for updated VA treatment records, as well as for an appropriate VA examination.

The Veteran's right and left knee braces are not service-connected disabilities, so he is not eligible for a clothing allowance.,The Veteran’s low back brace was found to not cause wear and tear on his clothing based on the VHA Handbook 1173.15.

The Veteran's cervical spine strain and lumbar spine strain have been rated based on their specific disabilities, with the highest ratings possible under current VA guidelines. The Veteran is granted a TDIU effective October 28, 2016.,For cervical spine strain prior to September 14, 2016, the Veteran's disability level does not warrant an increased rating as there are no treatment notes supporting higher levels of disability.