Back / lumbar spine decisions — 2019

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or housebound status has been denied. The Board found that the Veteran does not meet the criteria for SMC under 38 U.S.C. § 1114(l) due to lack of anatomical loss or use, blindness, or inability to walk without assistive devices. Additionally, he is not permanently bedridden or in need of regular aid and attendance as a result of his service-connected disabilities.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected left knee and foot disabilities. The claim was reopened due to new evidence submitted by the Veteran.

The Board is remanding the case to obtain missing VA treatment records from January 1980 to February 2002. The claims will be readjudicated after these records are obtained.

The Board has remanded the Veteran's claims for service connection due to new legal precedent regarding pain as a disability. The case will be reviewed with an eye towards determining whether the Veteran's low back and right knee conditions are related to his military service.

The Veteran's appeals for increased ratings for his right shoulder, left wrist tendinitis, back, and neck disabilities have been denied. The VA found that the evidence did not support a higher rating based on functional loss or additional limitations due to pain.

The Veteran's claim for service connection for left ear hearing loss was denied due to lack of evidence meeting VA disability criteria.,Service connection for a lumbar spine disability is denied as there is no current evidence of such a condition or functional impairment.,Service connection for left hip osteoarthritis and right hip osteoarthritis is denied because the Veteran did not provide sufficient evidence showing these conditions were incurred during service.,Service connection for left knee osteoarthritis, right knee osteoarthritis, and right ankle disability is denied as there is no current evidence of such conditions or functional impairment.,Service connection for tubal ligation is denied because the procedure was voluntary and not due to disease or injury.

The Board has remanded the claims for further development due to incomplete records and need for additional investigation regarding the Veteran's service in Vietnam, exposure to Agent Orange, and claimed stressors.

The Board has denied service connection for bilateral hearing loss and remanded the claims of low back pain, right hip condition, left hip condition, right knee condition, left knee condition, right ankle condition, left ankle condition, and acquired psychiatric disorder (to include PTSD and depressive disorder).

The Board has vacated its decision and remanded the case for further development, including a new VA examination to assess the Veteran's lumbar spine degenerative disc and joint disease. The TDIU issue is also being remanded as it is inextricably intertwined with the rating claim.

The Veteran's tinnitus is granted service connection. The claims for right ankle condition, ulcer condition, back condition, and cervical cancer are reopened due to new evidence received since the last denial in February 1997.

The Veteran's service-connected disabilities do not preclude him from engaging in the acts of gainful employment, and therefore, his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's right shoulder disability is granted. The rating for asthma was denied prior to November 26, 2012 and granted from that date onwards. Other claims are remanded.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, back disability, bilateral knee disability, hypertension, diabetes mellitus, seizure disorder, and thyroid disability. The effective dates for these decisions are not specified.

The Board has decided to remand the case due to insufficient medical evidence on whether the Veteran's coccydynia is related to an in-service injury, specifically being thrown into a three-foot hole after a bomb explosion.

The Veteran's lumbosacral spine disability was rated at 10 percent effective August 13, 2018. The Board found that the evidence did not show a compensable rating prior to this date.

The Board has decided to remand the cases for further evaluation due to insufficient examination reports and a need to determine if the Veteran meets the criteria for bilateral hearing loss for VA purposes.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and diabetes mellitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on this finding.

The Board has granted service connection for a low back disorder, diagnosed as degenerative disc disease; a bilateral hip disorder, diagnosed as bilateral hip osteoarthritis; and an acquired psychiatric disorder. The right knee disability issue is being remanded for further examination.

The Veteran's claim for an increased disability rating in excess of 20 percent for lumbar spine spondylosis prior to December 1, 2010 is being remanded due to noncompliance with the November 2017 Board remand directives.

The Veteran's claim for an increased disability rating in excess of 20 percent for lumbar spine spondylosis prior to December 1, 2010 is being remanded due to noncompliance with the November 2017 Board remand directives.