Back / lumbar spine decisions — 2015

The Veteran's thoracolumbar spine degenerative joint disease resulted in unfavorable ankylosis involving the entire spine, with difficulty walking due to limited line of vision and restricted mouth opening. The cervical spine degenerative joint disease manifested as unfavorable ankylosis.,Prior to August 17, 2009, the Veteran's thoracolumbar spine degenerative joint disease was rated at 40 percent effective August 17, 2009.

The Board has determined that the Veteran's bilateral knee disability did not manifest to a compensable degree within one year of separation from active service, and thus cannot be granted service connection under either presumptive or direct service connection provisions. The low back and foot disabilities have also been denied as there is insufficient evidence linking these conditions to service.

The Veteran's claims for increased ratings for his thoracolumbar spine degenerative disc disease are being remanded due to the need for a new VA examination and consideration of whether extraschedular rating is warranted.

The Board has determined that the Veteran's current low back disability is service-connected as it resulted from an injury during active military service.

The Veteran's claims for service connection for wrist pain and low back disorder, as well as his claim for new and material evidence for hypertension, were denied. His initial rating for dermatitis/seborrheic dermatitis was also denied. The Veteran's increased rating claim for PTSD with mild depression remains pending.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant medical records and scheduling VA examinations.

The Veteran's claim for an effective date prior to July 20, 2009 for service connection of acquired psychiatric disorder is denied. The Board finds that the evidence does not support a finding that VA should have broadly interpreted her PTSD claim.,The Veteran's neuropathy of the lower extremities warrants a rating of 20 percent based on moderate incomplete paralysis in both legs.,For the low back disorder, the Veteran's symptoms warrant an evaluation of 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that the evidence does not support a finding of unfavorable ankylosis or incapacitating episodes.

The Veteran's claim for service connection for sleep apnea has been reopened, but the evidence does not support a grant of service connection.,The Veteran does not have bilateral hearing loss or tinnitus that can be attributed to his period of active military service.,There is no evidence showing chronic ingrown toenails were incurred during service.,Service connection for allergic rhinitis/sinusitis and cellulitis are addressed in the REMAND portion of this decision.,The Veteran's asthma has been evaluated at 60 percent since January 2003, but a reduction to 30 percent was implemented due to material improvement not being demonstrated by a preponderance of evidence.

The Veteran's lumbar spine disability is being remanded for additional development as the current evidence does not sufficiently address his service connection claim.

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board has determined that additional development is necessary to substantiate the Veteran's claims for service connection and an increased rating, including obtaining records of any in-service helicopter crash and confirming diagnoses of low back disability and traumatic brain injury.

The Board has found no current evidence of a disability of the pelvis, right hip, thoracolumbar or cervical spine and/or a disability manifested by sleep disturbance. Therefore, service connection for these conditions is denied.

The Veteran's claims for service connection were denied as his claimed conditions are not causally or etiologically related to service, including any injury or event therein.

The Veteran's neck disorder and low back disability are being remanded for additional development to determine their etiology, severity, and impact on employment.

The Veteran's lumbar spondylosis is related to an in-service back injury, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's current thoracic and lumbar spine osteoarthritis is not related to his active duty service. The evidence does not show a direct link between his in-service scoliosis diagnosis and his current condition, nor does it demonstrate continuity of symptoms since discharge.

The Veteran's lumbosacral DDD with IVDS was rated at 20 percent prior to October 21, 2011 and increased to 40 percent thereafter. His lumbosacral sciatica of the right lower extremity was rated at 10 percent prior to October 21, 2011 and increased to 20 percent thereafter.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, with the exception of the time period from March 26, 2012 to April 30, 2013 when he had a 100 percent disability rating.

The Board has remanded the Veteran's claims for additional development to obtain service records and determine if his lumbar spine condition and hypertension are related to his military service. The Veteran will be provided another opportunity to provide information or evidence pertinent to these claims.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development, including obtaining clinical records from Womack Hospital and obtaining an adequate VA medical opinion. The Veteran's claim for clothing allowance is also being remanded as there has not been issuance of a statement of the case.