Back / lumbar spine decisions — 2019

The claim of service connection for a low back condition is remanded, and the claim of service connection for a neck condition is also remanded.

The Board has remanded the claims for increased initial ratings for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to outstanding VA treatment records and incomplete retrospective medical opinions.

The Board has determined that there is a 50/50 balance of evidence regarding whether the Veteran's degenerative arthritis of the lumbar spine is related to his service. The claim for service connection is granted.

The Board has remanded several issues for further development and consideration, including service connection claims for sinusitis, rheumatoid arthritis, bilateral hearing loss, hypertension, low back disability, radiculopathy of the lower extremities, and an increased rating for a low back disability.

The Veteran's claim for a higher disability rating for her service-connected degenerative disc disease of the lumbar spine is being remanded due to inadequate examination and need for updated findings.

The Veteran's spine disabilities, specifically epiphysitis of the dorsal spine and degenerative changes of the lumbar spine, were not found to meet criteria for higher ratings prior to January 12, 2015. The case was remanded due to errors in rating decisions.

The Board has granted service connection for a lumbar spine disability, including degenerative joint and disc disease of the lumbar spine and scoliosis. The Veteran's current conditions are found to be related to his in-service injury.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for service connection for bilateral hearing loss, a back disability, and an acquired psychiatric disorder. The Veteran will be provided with further examinations and records are sought.

The Veteran's service-connected degenerative arthritis and degenerative disc disease of the thoracolumbar spine is being remanded for further evaluation due to a claim for an increased rating.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and granted. The claims for back disability, tinnitus, diabetes mellitus, nerve conditions of the upper and lower extremities, left knee disability, lung condition (COPD), and skin condition have not been reopened.,Service connection was denied for a back disability, tinnitus, diabetes mellitus, nerve conditions of the upper and lower extremities, left knee disability, COPD, and skin condition. The Veteran's claim for service connection for bilateral hearing loss has been reopened.

The Veteran's lumbar degenerative joint disease and lower extremity radiculopathy were denied increased ratings. The Board found that the evidence did not support a rating in excess of 20 percent for these conditions.

The Board denied service connection for a back disorder and an acquired psychiatric disorder, finding that the evidence did not support a current disability or a link to service.

The Veteran's service-connected low back and radiculopathy disabilities necessitate the use of a low back brace, but there is no probative evidence showing that his low back brace causes wear and tear on clothing. As such, he is not entitled to annual VA clothing allowances for the years 2015 and 2016.

The Board has remanded the case due to non-compliance with previous directives and the need for additional medical records and an examination.

The Veteran's degenerative arthritis of the lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the severity of his symptoms and range of motion.

The Board has granted service connection for lumbar spine degenerative arthritis as secondary to the Veteran's service-connected right knee disorder, finding that it is at least as likely as not caused by or related to his service-connected condition.

The Veteran was granted TDIU from February 8, 2015 until April 12, 2018 due to her service-connected disabilities preventing her from securing or following a substantial gainful occupation.

The Board denied the Veteran's request for an extension of his delimiting date for VA educational assistance benefits under Chapter 33, Title 38, due to lack of clear evidence that he was prevented from initiating or completing his chosen program of education due to physical or mental disability.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disability due to incomplete records and the need for additional evidence. The case will be reviewed again after obtaining relevant medical records.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining any form of gainful employment. The Board has remanded the case for further examination to determine the impact of his low back disability on his employability.