Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded for further development regarding the need for an annual clothing allowance due to needing a splint on his left wrist. The case will be reviewed by the Chief Medical Director or their designee to determine if the splint also treats his service-connected residuals of left elbow epicondylectomy with post-operative scar and pain, and weakness of the left forearm, hand, and wrist.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to assess his service-connected disabilities.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO in Oakland, California.

The Veteran's tinnitus was granted service connection and an effective date of October 10, 2007. The claim for a higher rating for his low back disability remains in appellate status as the RO awarded him a 20% rating effective October 10, 2007. The TDIU claim is also under consideration.

The Board has determined that the Veteran does not have PTSD and denied his claim for service connection. The remaining claims to service connection for orthopedic disorders, hearing loss, and sinusitis are remanded for additional development.

The Veteran's claim for service connection for a left ankle disability was granted with an effective date of August 18, 2008. The claim for service connection for a lumbar spine disability was reopened and granted with an effective date of May 1, 2009.

The Veteran's claims for increased evaluations for lumbar DDD and DJD, as well as his claim for an evaluation for generalized anxiety disorder (claimed as posttraumatic stress disorder), are being remanded due to the need to locate additional evidence and conduct further examinations.

The Board has remanded the case due to incomplete records and further development is needed before a decision can be made on the service connection claims for cervical spine, lumbar spine, and right knee disabilities.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and a VA examination. The issues of entitlement to an increased rating for his lower back disorder and entitlement to TDIU are inextricably intertwined.

The Board has granted service connection for chronic lumbar strain. The Veteran also requested service connection for bilateral carpal tunnel syndrome, an acquired psychiatric disability (including PTSD and major depressive disorder), residuals of a bilateral mandible fracture, chondromalacia patella of the left knee, and chondromalacia patella of the right knee. These issues are addressed in the REMAND portion of the decision.

The Veteran's disability rating for lumbosacral strain was reduced from 40 percent to 20 percent effective April 1, 2009. The Board found that the reduction was proper based on improvement in his condition as shown by medical evidence.

The Board has granted service connection for right ear hearing loss and Meniere's disease (claimed as vertigo/loss of balance). The Veteran's other claims, including diabetes mellitus, hypertension, an acquired psychiatric disorder, a back disorder, and residuals of a ruptured appendix, are pending further development or remand.

The Board has granted service connection for a back disability and assigned a 10 percent rating. The Veteran's right patellofemoral pain syndrome is currently rated as 10 percent disabling, which is the maximum schedular rating available under Diagnostic Code 5260. The Veteran's major depressive disorder is rated as 10 percent disabling.

The Veteran's low back disability is manifested by painful motion and limitation of flexion to, at worst, 40 degrees. The rating assigned for the low back disability has not been met.

The Veteran is seeking to reopen his claim for service connection of Buerger's disease and related conditions, as well as secondary service connection for back and teeth issues. The case has been remanded due to the need for additional development.

The Veteran is granted a TDIU effective December 30, 2008, and his combined rating for all service-connected disabilities is sufficient to meet the criteria for a TDIU. He also meets the eligibility requirements for DEA benefits under Chapter 35 due to his unemployability.

The Board has reopened the claim of service connection for lumbar disc disease and remanded it for further development. The Veteran's current back condition is being evaluated to determine if it is related to his in-service injuries.

The Board has determined that the Veteran's claims for service connection for back, left knee, and right knee disabilities are denied as there is no evidence of current diagnoses or recurrent symptoms with respect to these conditions.

The Board has found that the Veteran's current low back disorder is etiologically related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's increased rating claim for mechanical low back pain with spondylosis L5 was granted, and he is now rated at 40 percent effective from May 21, 2010.