Back / lumbar spine decisions — 2019

The Board has remanded the claims for service connection for lumbar spine, right hip and left hip disorders due to insufficient opinions regarding the etiology of these conditions. The Veteran's assertions about a fall from a repelling tower during boot camp are also being considered.

The Board has remanded the case due to inadequate examination reports, and a new examination is required to assess the severity of the Veteran's service-connected lumbosacral strain.

The Veteran's unauthorized medical expenses incurred on June 15, 2015 at Cape Coral Hospital were denied as VA facilities were deemed feasibly available and prior authorization was not provided.

The Veteran's lumbar strain with bilateral sacroiliitis is restored to a 20 percent rating, and other service-connected conditions are denied.

The Veteran's asthma, hypertension, and GERD are granted as service-connected. The lumbar spine disability is assigned an initial rating of 40 percent.

The Board has determined that additional development is needed to determine if the Veteran's current wrist, knee, and back disabilities are related to his active service. The case will be remanded for further examination and opinion.

The Board has remanded the claims of service connection for a right hip condition, lumbar spine condition, and cervical spine condition due to lack of adequate examination. The claim for an increased rating for a right leg disability is also remanded.

The Board denied service connection for headaches, an acquired psychiatric disability (to include PTSD), and a lumbosacral spine disability due to lack of medical evidence showing current disabilities related to active service.,Service connection was also not granted for bilateral hearing loss and tinnitus as the Veteran's in-service audiological evaluations were conducted using ASA standards which need to be converted to ISO-ANSI standards.

The Board has remanded the Veteran's claims for service connection and increased rating of his right knee menisci degeneration, left knee osteoarthritis, lumbar degenerative disc disease, and right hip strain due to inadequate VA examinations. The claims are being returned for further development.

The Veteran's claim for an increased disability rating and the propriety of a reduction in her disability rating from 40 percent to 10 percent are both being remanded due to procedural errors.

The Board has decided to remand the case due to an issue regarding the basis of service connection for the Veteran's back disability, specifically whether it is related to his first period of active duty or if it was aggravated by that period.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for depression. The claims for a low back disorder, cervical spine disorder, and TDIU are remanded due to the need for additional examinations.

The Veteran's petition to reopen his claim for service connection for bilateral hearing loss was granted. Service connection for ischemic heart disease, lumbar spine condition, and bilateral tinnitus were denied.

The Board has remanded the claims due to new evidence received after the May 2016 statement of the case.

The Board has remanded the appellant's claims for bilateral hearing loss, tinnitus, eye disability, skin disability (pseudofolliculitis barbae), sleep apnea, hypercholesterolemia, heart disability, COPD, lung disability other than COPD, diabetes mellitus, type II, hernia, low back disability, left knee disability, right knee disability, left foot disability, and right foot disability. The claims are remanded due to the need for additional medical examinations and records.

The Board has restored the Veteran's original 20% disability rating for degenerative arthritis of lumbar spine with scoliosis, finding that the reduction from 20% to 10% was not proper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence. The appeal is denied.

The Veteran's appeal of claims for low back, right hip, left hip, left knee, and right knee disorders has been dismissed due to the death of the appellant.

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show that he met the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's combined disability rating is currently at 100%, but he has not been granted a permanent and total disability rating for any of his service-connected conditions. The Board denies the claim as there is no legal basis to grant Dependents' Educational Assistance (DEA) benefits.