Back / lumbar spine decisions — 2019

The Veteran's claims for service connection have been remanded due to the need for additional examination and opinion regarding his thoracolumbar spine disability and bilateral knee disabilities.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional examinations and information.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of low back disability, left knee disability, bilateral hearing loss, and tinnitus. The claims are being remanded due to insufficient medical opinions regarding their etiology.

The Board denied the Veteran's claims of service connection for lumbosacral strain, leg limitation of flexion of right knee, cervical strain, and major depressive disorder as they were not found to be related to active service or secondary to a service-connected disability.

The Board has found that there is new and material evidence to reopen the claims for service connection for chronic fatigue syndrome, cervical spine disorder, thoracolumbar spine disorder, and asthma. The AOJ should consider this new evidence in their first instance.

The Board has remanded the Veteran's claims for service connection for neck and back disorders due to inadequate opinions from a VA examiner. The new addendum opinion is needed to determine if these conditions are related to his active duty service, including as secondary to a service-connected disability.

The Board has remanded three issues: increased rating for shell fragment wound of the left thigh, service connection for a low back disorder, and service connection for bilateral radiculopathy of the lower extremities. The Veteran is required to undergo VA examinations for these issues.

The Board denied the Veteran's claims for increased ratings for his lumbosacral strain with degenerative disc disease, finding that the evidence did not meet the criteria for a higher rating prior to September 18, 2015 and from January 1, 2016.

The Veteran's claims for service connection for right ear hearing loss disability, back disability, neck disability, left ear hearing loss disability, erectile dysfunction, and Meniere’s disease have been dismissed. The Board found that the Veteran withdrew his claims prior to a decision being made.

The Veteran's lumbar back strain with degenerative disc disease and arthritis was granted a 40 percent rating for the entire appeal period, effective from January 22, 2003 to March 1, 2018.

The Veteran withdrew all his appeals except for the issue of service connection for diabetes, to include as due to exposure to herbicide agents or secondary to PTSD. As a result, the appeal is dismissed.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is remanded due to a lack of examination focusing solely on her service-connected disabilities. She needs an opportunity to be examined by a VA clinician.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current condition is at least as likely as not related to his active duty service as a parachutist.

The Veteran's service-connected disabilities, including PTSD, lumbar spine and knee degenerative joint disease, tendon repair of the right wrist, hypertension, headaches, and radiculopathy of the bilateral lower extremities, have prevented him from securing or following substantially gainful employment. The Board has granted TDIU benefits.

The Board has remanded the case due to insufficient medical guidance on whether the Veteran's neck disability is related to his service-connected brain cyst and low back disability, as well as whether it was caused by military service.

The Veteran's claims for service connection for anxiety disorder and depression are being remanded as they are inextricably intertwined with the claim of service connection for migraine headaches.,The Board is also remanding the Veteran's claims for service connection for an anxiety disorder secondary to a right inguinal hernia, depression secondary to hydrocele, and migraine headaches.

The Veteran's bilateral hearing loss disability is not service-connected as it did not manifest during active service and there is no evidence of a chronic disease within one year of separation. The Veteran's current hearing loss is attributed to the natural progression of aging.,There is no evidence that the Veteran has a head scar or TBI related to his military service.

The Veteran's claim for a higher disability rating for bilateral plantar fasciitis with pes planus from February 17, 2017 and thereafter is granted. The other claims remain pending.