Back / lumbar spine Board decisions

The Board has remanded the claim for payment or reimbursement of ambulance transportation provided by City of Wilkes-Barre on May 19, 2020, under 38 U.S.C. § 1728 due to inadequate notice and development.

The Board has remanded the Veteran's claims for cervical intervertebral disc syndrome with degenerative arthritis, left and right ankle tendonitis, and lumbar degenerative arthritis due to inadequate VA medical opinions. The claims are being returned for further development.

The Veteran's lumbosacral spine disease is rated at 10 percent, the lowest available rating under VA regulations. The evidence does not support a higher rating as there is no objective medical evidence of forward flexion less than 60 degrees or combined range of motion greater than 120 degrees.

The Veteran's TDIU for PTSD is granted, and he also receives SMC Housebound based on his combined disability rating of 100 percent.

The Board has dismissed the Veteran's appeal for entitlement to service connection for a right ear hearing loss disability due to failure to comply with the appropriate claims processing defect.,The evidence of record does not support finding that the Veteran had a left knee or right knee disability at any time during her military service.

The Board has remanded the claims of service connection for sleep apnea and lumbar degenerative disc disease with intervertebral disc syndrome status post spinal fusion due to a failure to obtain VA treatment records prior to May 2003.

The Board has granted service connection for degenerative disc disease, finding that the Veteran's in-service back injury and subsequent pain persisted to develop his current condition.

The Veteran's service-connected disabilities, including PTSD and thoracolumbar strain, precluded her from securing or following a substantially gainful occupation since September 30, 2019. An earlier effective date of September 30, 2019 for the grant of Total Disability Rating due to Individual Unemployability (TDIU) is granted.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to inadequate examinations. The left knee and back disabilities need further evaluation.

The Board has determined that the effective date for the TDIU award should be remanded to allow for extraschedular consideration due to the Veteran's service-connected low back pain, bilateral lower extremity radiculopathy, and right knee disabilities.

The Veteran's heart disability, respiratory disability, diabetes mellitus, and various peripheral neuropathies and radiculopathies are not service-connected. The cervical spine disability is also denied.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status or need for aid and attendance, nor does he qualify for specially adapted housing.

The Board has decided that the Veteran's claim of entitlement to service connection for his back disability should be remanded due to a duty to assist error. The case will be returned to the AOJ for further action, including obtaining an opinion on whether the Veteran's back disability was aggravated by his service-connected right foot disability.

The Board has remanded the case due to a lack of complete medical records from Dr. P.B., which could affect the determination of service connection for back condition and arthritis.

The Veteran's 100% disability rating for thoracolumbar spine disorder was reduced to 40%, and various benefits were discontinued due to findings of fraud. The reduction is upheld as the evidence supports a finding of fraud.

The Veteran's left forearm disability, including left ulnar nerve impairment, is being remanded for further development due to a lack of VA examination and opinion addressing the relationship between his active duty service and these conditions.,The Veteran's lumbar spine disability is also being remanded for further development as there are no VA examinations or opinions regarding its onset in service.

The Veteran's burn scars and right shoulder scar are not rated as compensable, while the DJD of the lumbar spine is remanded for further examination.

The Board has remanded the claims of service connection for lumbar spine condition and bilateral lower extremity radiculopathy due to inadequate examination based on the Veteran's medical records from Kaiser Permanente.

The Board denied the Veteran's claims for service connection for back and neck disabilities, finding that there was no evidence of current disability related to active duty or secondary to a service-connected condition.

The Veteran's service-connected disabilities prevented her from securing and following substantially gainful employment, but she was granted a TDIU. However, the SMC at the housebound rate is denied as she does not meet the criteria for such benefits.