Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities do not meet the criteria for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only.

The Veteran's application to reopen claims for GERD and heart disorder was granted. The applications for lumbar spine disorder and cervical spine disorder were denied.

The Board has granted the Veteran's claim for service connection for a thoracolumbar spine disability, finding that his current condition is at least as likely as not due to his active duty service, specifically an in-service fall.

The Board has remanded the case due to inadequate development of evidence regarding the Veteran's employability and non-service-connected disabilities. The VA must schedule an examination to assess the severity and permanency of all his disabilities, including their impact on employment.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left and right lower extremity radiculopathy, as well as his claim for TDIU prior to April 23, 2019. The remand requires additional development including obtaining updated VA treatment records and scheduling a new examination.

The Board has remanded the case due to incomplete development and procedural issues, including the need for a statement of the case on service connection claims and TDIU. The SSA records are also requested.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional examinations and assessments.

The Board has determined that the Veteran's thoracolumbar spine disability, bilateral hearing loss, and hypertension are related to his service. The claims for these conditions have been granted.

The Veteran's claim for service connection for prostate cancer has been withdrawn. The rating reduction of prostatitis from 40 percent to non-compensable was improper and restored ab initio. The appeal as to the increased rating for prostatitis is granted, but remanded for further examination. Service connection for left hip condition and right hip condition secondary to lumbosacral strain are also remanded.

The Veteran's service connection claim for residuals of back injury, diagnosed as degenerative disc disease and spinal stenosis, is granted. The Board finds that the current disability (DDD and spinal stenosis) is related to his in-service complaints and assertions of continuous pain since service.

The Board has denied service connection for cervical spine disorder, bilateral shoulder disorders, lumbosacral spine disorder, bilateral hip disorders, and poly-arthritis as there is no evidence of these conditions during or within one year after service. The Veteran's combat injury in Vietnam does not establish a nexus between his current disabilities and his military service.

The Board has remanded the case due to insufficient evidence and need for further examination. The Veteran's low back disorder will be evaluated again with new medical records and an opinion on its etiology.

The Veteran's claim for an evaluation in excess of 20 percent for thoracolumbar arthropathy is remanded due to the need for a new VA examination to assess the current severity and manifestations of her disability.

The Board has remanded the claims for rating higher than 10 percent for right and left knee disabilities due to lack of clarity in the September 2018 examination report regarding whether the Veteran was wearing braces during his evaluation. The Veteran is also requested to provide updated VA treatment records.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the addition of new VA examination and treatment records that were not considered in the previous decision.

The Board has denied the Veteran's claims of service connection for inguinal hernia, bilateral hearing loss, low back condition, and bilateral foot disability due to lack of evidence showing a direct link between these conditions and his military service. The appeals are being remanded for further development.

The Board has dismissed all claims due to the Veteran's death.

The Veteran's service-connected right knee disability is not shown to have caused or aggravated any low back, left hip, or right hip disabilities.,Service connection for the Veteran’s claimed disabilities has been denied as secondary to his service-connected right knee disability.

The Board has reopened the Veteran's claims for service connection for cervical spine and PTSD disabilities, but has not yet decided whether these claims are well-grounded or granted. The case is REMANDED to allow further development.

An initial 70 percent rating for major depressive disorder is granted effective November 15, 2004. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted effective November 1, 2006. The appeals regarding the remaining issues are dismissed.