Back / lumbar spine decisions — 2019

The Board found no new and material evidence to reopen the claim of service connection for a lower back disability, but it is unclear if this was due to the nature of the appeal or because there was no new evidence submitted. The decision does not specify whether the original denial was based on service connection theory.

The Board finds that the Veteran's low back disability is related to his active duty service and grants service connection for this condition.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claims for service connection, as the current opinions are not based on accurate factual premises and do not address all relevant theories of causation.

The Veteran's lumbar spine disability is rated at 40 percent since March 12, 2014. A TDIU was granted prior to June 20, 2016.

The Board has reopened the claim of entitlement to service connection for a low back condition based on new and material evidence. The issue is remanded for further development.

The Board has remanded the Veteran's claims for increased ratings and SMC based on need for aid and attendance due to incomplete information in the VA examination reports, including lack of specific severity assessments for radiculopathy. The Veteran is also required to provide a completed VA Form 21-2680.

The Board has ordered a remand to obtain an addendum opinion regarding the relationship between the Veteran's current low back disorder and his service-connected Type II diabetes mellitus or gouty arthritis of the big toe, as well as whether it is secondary to these conditions.

The Board has remanded the claims due to the need for additional development, including obtaining updated treatment records and scheduling VA examinations.

The Veteran's appeals for increased ratings for lumbar degenerative arthritis and right radiculopathy have been dismissed due to their death.

The Board denied the Veteran's claims for clothing allowances due to lack of evidence showing that his back brace or skin cream caused damage to his clothes, and because he did not use a right foot shoe lift.

The Veteran is granted a clothing allowance for the year 2012 based on use of bilateral knee braces. The Veteran's claim for a clothing allowance based on use of low back and ankle braces is denied.

The Veteran is granted a 40 percent rating for lumbar degenerative disc disease with spondylosis prior to February 25, 2013. The Veteran's right lower extremity radiculopathy was rated as non-compensable prior to November 20, 2017 and is now granted a 20 percent rating from that date.

The Board has remanded the Veteran's claims for increased rating and TDIU due to issues with the VA examinations, including failure to comply with 38 C.F.R. § 4.59 and Correia v. McDonald.

The Veteran is granted an annual clothing allowance for the 2014 calendar year due to her use of a back support for her service-connected lumbosacral strain.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spondylosis with degenerative disc disease and radiculopathy of the bilateral lower extremities due to new evidence indicating that his conditions may have worsened.

The Board has denied service connection for a low back disorder due to lack of evidence linking the current condition to service. The claim for residuals of cold injuries of the lower extremities, including tinea pedis and gout, is remanded as there are insufficient medical opinions regarding their etiology.

The Board denied the Veteran's claims for annual clothing allowances due to insufficient evidence showing that his knee braces, back brace, or custom shoe insoles caused damage to his clothing.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine condition with intervertebral disc syndrome, an initial separate rating in excess of 20 percent for radiculopathy of the right lower extremity, and an initial rating in excess of 10 percent for his right knee condition with arthritis. Additionally, a TDIU claim is also remanded.

The Board has remanded the claim of service connection for a low back disability due to new evidence and inconsistencies in the medical records. The Veteran's assertions of continuity of symptoms since service are considered, along with VA examination findings.

The Board has remanded the claims for service connection for lumbar spine disability, bilateral hearing loss, and acquired psychiatric disability (to include PTSD) due to new evidence submitted by the Veteran.,For bilateral hearing loss, a VA examination is needed to assess whether the Veteran has a current disability and its etiology.