Back / lumbar spine decisions — 2019

The Board has remanded the case due to an inadequate examination, and the Veteran's claim for service connection for a low back condition is now pending again.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbar spine, bilateral pes planus, sleep apnea, and atherosclerosis, are sufficient to produce unemployability prior to May 8, 2013. A TDIU is granted for this period.

The Board has granted service connection for tinnitus, but the claims for right shoulder disorder, back disorder, and right leg (to include right hip) disorder are remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection due to new and material evidence, but did not find any clear and unmistakable error in the previous rating decisions.

The Board denied the Veteran's claims of clear and unmistakable error in the April 1994 rating decision that denied service connection for low back pain and mid-back pain. The decision was based on the lack of objective evidence of disability, despite the Veteran's reported symptoms.

The Veteran's thoracolumbar spine disc desiccation with posterior annular tears L4-5 and L5-S1 with intervertebral disc syndrome, radiculopathy of the right lower extremity, and right hip disability are all remanded for additional development.,The Veteran's service-connected scars, right foot due to sesamoid fracture, need further examination and consideration.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's current back disorder and his military service, including in-service treatment for muscle pain and exposure to herbicide agents. The appeal will be remanded.

The Veteran's back brace did not cause wear and tear to his clothing, so he is denied an annual clothing allowance for the 2016 calendar year.

The Veteran's lower back disability was rated at 10 percent prior to December 30, 2015 and increased to 20 percent thereafter. The Board found that the evidence did not support a higher rating for any period.

The Veteran's increased rating claims for his lumbar spine disorder and acquired psychiatric disorders are being remanded due to the failure to issue a Statement of the Case (SOC).

The Veteran's death was not caused by a service-connected condition, and therefore the claim for service connection for the cause of the Veteran's death is denied. The Veteran did not have qualifying wartime service, so he is not eligible for non-service connected death pension benefits.

The Board has denied service connection for a right foot condition and low back condition, but granted the petition to reopen the previously denied claim of service connection for psychiatric disorder (major depressive disorder). The case is remanded for further examination and opinion regarding the left foot disability.

The Veteran's claim for an initial rating in excess of 40 percent for degenerative disc disease of the lumbar spine is being remanded due to outstanding private treatment records.

The Board denied the reopening of claims for service connection for a bilateral hip disability, back disability, and bilateral knee disability due to lack of new and material evidence.

The Board has remanded the Veteran's claims for an increased evaluation and earlier effective date for lumbar degenerative disc disease, as well as his claim for TDIU. The AOJ is instructed to obtain all relevant medical records, schedule a VA examination, ensure that the issue of TDIU is placed into RAMP, and conduct any other development as may be indicated.

The Veteran's applications for clothing allowances for back and knee braces were denied because they were not timely filed.

The Veteran's service-connected chronic posttraumatic low back syndrome is currently rated at 20 percent, but the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for service connection have been granted, but the issues of entitlement to service connection for a neck disability and an acquired psychiatric disability remain pending.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, and thus remands the cases for further development.

The Board has remanded the Veteran's claims for service connection for GERD, right shoulder bursitis, lumbosacral strain, and allergic rhinitis due to insufficient evidence or need for additional examination.