Back / lumbar spine decisions — 2015

The Veteran's service connection claims for lumbar spine, right knee, and left knee disabilities were denied as there is no current disability found to be related to his military service.

The Veteran seeks a clothing allowance for wear and tear on his clothing due to service-connected conditions (low back disability, bilateral knee disabilities, and skin disability) and topical medication use. The issue is being held in abeyance until other pending claims are adjudicated.

The Board has determined that the Veteran does not have a current diagnosis of left, right knee disorders or low back disorder. Therefore, service connection for these conditions is denied.

The Board has remanded the claims for an increased staged evaluation for the service-connected lumbar paravertebral myositis and entitlement to service connection for bilateral lower extremity neuropathy due to issues raised in a Joint Motion for Partial Remand (JMR).

The Board found that the Veteran's current back disability did not manifest within a year of his separation from active duty service and that there was no evidence to support a finding that it is related to his military service.

The Veteran does not have a current low back, right knee, or bilateral ankle disability as a result of any disease, event, or injury during active service.,VA examinations and the Veteran's own testimony indicate that his disabilities are more likely due to aging/degenerative processes rather than in-service parachute jumps.

The Board found no evidence of a current disability for the Veteran's back disorder, bilateral hearing loss, or skin disorder and denied all service connection claims.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to July 17, 2012 is being remanded due to its inextricability with his claims for service connection for lumbar spine and cervical spine disorders. The case will be adjudicated again after the development of these related issues.

The Veteran's claim for an increased evaluation for his lumbar spine disability and TDIU was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection for lumbar spine degenerative joint disease, tinnitus, and whether new and material evidence has been submitted to reopen service connection for headaches are pending.

The Board has reopened the claims of service connection for low back and cervical spine disabilities due to new evidence submitted since the last final denial. The Veteran's current disabilities are found to be related to her military service.

The Veteran's appeal is being remanded to obtain additional medical records and conduct a VA examination for his hair loss disability. The remaining claims are also being remanded as the RO has not yet issued an SOC.

The Veteran's claim for reimbursement of private medical expenses on December 20, 2010 is denied as the treatment was not for an emergency and there were no service-connected conditions at that time.

The Board has determined that the Veteran's low back disability is caused or aggravated by his service-connected left knee disability. The right knee issue will be remanded for additional development, including obtaining VA and private medical records, as well as a new VA examination to assess current right knee impairment.

The Veteran's appeal has been withdrawn due to the grant of a 100% disability rating for PTSD effective from December 12, 2013. As such, no further action is required on any remaining issues.

The Veteran's appeal is being remanded for a new VA examination to address the current severity of his lumbar spine disability and his claim for a TDIU. Additional VA treatment records are also needed.

The Board has granted increased ratings of 60 percent for left and right total knee replacements, and a TDIU based on the Veteran's service-connected disabilities. The issue regarding radiculopathy of the right lower extremity is remanded.

The Board has determined that a new VA examination is needed to address the Veteran's low back disability claim, and requests for private treatment records are made. The right knee disability issue requires issuance of a Statement of the Case.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for further examination. The case will be returned to the Board after all necessary development.

The Board found that the Veteran's lumbar spine disability, manifested by limited, painful motion of greater than 60 degrees but not ankylosis or intervertebral disc syndrome, warranted a disability rating in excess of 10 percent.