Back / lumbar spine decisions — 2019

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected chronic mechanical lumbar strain with associated degenerative changes is being remanded due to the need for a VA examination.

The Veteran's appeal includes multiple issues related to his PTSD, traumatic amputation of the right middle finger, chronic fatigue syndrome, and various musculoskeletal conditions. The Board has determined that further examination is needed for all these claims due to the lack of recent examinations addressing current severity.

The Veteran's claims for service connection for back pain and left knee conditions were denied in a March 1996 rating decision. The effective date of the grant of service connection is November 7, 2013, which was the date he submitted an informal claim to reopen his previously denied claims.

The Board has dismissed the appeals for service connection for a lumbar spine condition and an initial compensable rating for a left finger hairline fracture. The appeal for service connection for a psychiatric condition, including anxiety disorder, mood disorder, bipolar manic depression, posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and substance abuse, as well as the secondary service connection claim for a cervical spine condition due to a psychiatric condition, are remanded.

The Board has determined that the Veteran's preexisting back disability was not aggravated by service, and thus denied reopening of the claim for service connection. The decision also denies service connection due to aggravation.

The Board denied service connection for a low back disability and an acquired psychiatric disability, finding that the evidence did not support a link between these conditions and active service.

The Board denied the Veteran's claims for service connection for bilateral hip disability, right knee disability, lumbar spine disability, and obstructive sleep apnea. The evidence did not establish a link between these conditions and military service.

The Board denied the reduction of special monthly compensation (SMC) payments from the aid and attendance rate to the housebound rate due to hospitalization at government expense, as it was proper.

The Board has determined that there are new and material issues related to the Veteran's claims for increased ratings, propriety of a ratings reduction, and TDIU. The VA must obtain any outstanding treatment records and Social Security Administration (SSA) records before these matters can be further adjudicated.

The Board has remanded the Veteran's claims of service connection for various musculoskeletal and psychiatric conditions due to incomplete verification of a claimed stressor, need for additional medical opinions, and potential need for new private treatment records.

The Board has granted the reopening of the Veteran's claim for service connection for low back condition. The claims for bilateral foot, left knee, and right knee conditions are remanded.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to conflicting evidence regarding whether these conditions pre-existed service or were aggravated by service. The Veteran is directed to provide any relevant private treatment records.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development, including a VA examination.

The Board has remanded the case due to conflicting opinions and lack of clear documentation regarding the Veteran's lumbar spine disability, including chronic mechanical capital back syndrome and/or chronic mechanical low back syndrome. The Veteran needs further evaluation by a clinician.

The Board has dismissed the appeals for earlier effective dates and withdrawn issues related to superficial scars, cellulitis, painful scar, radiculopathy, peripheral neuropathy, muscle damage, rib cage, hypertension, and service connection. The appeal is REMANDED for further examinations and determinations regarding PTSD, cervical spine disorders, lumbar strain, TBI, and ear disorder.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to the possibility of worsening conditions, as well as the need to develop his TDIU claim in light of the increased rating claims.

The Board has remanded the claim of service connection for a low back disability due to incomplete records from the Veteran's National Guard service. The claim will be readjudicated after obtaining all requested records and conducting any necessary development.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's current cervical spine disability is related to his service or post-service injury.

The Veteran's claims for service connection for back, left knee, and right knee disabilities have been reopened. The appeal for an increased rating for PTSD has been dismissed. The Board finds that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities.

The Board has remanded the case due to incomplete development and need for a new VA examination.