Back / lumbar spine decisions — 2016

The Veteran's acquired psychiatric disorder, diagnosed as depressive disorder with major depressive-like episode, is proximately due to service-connected lumbar spine and lower extremity radiculopathy. Service connection for this condition has been granted.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss, tinnitus, or a bilateral eye disability. The claims are therefore denied.

The Veteran's service-connected fibromyalgia and lumbosacral strain with degenerative disc disease have caused him to require the regular aid and attendance of another person on a regular basis, meeting the criteria for an award of aid and attendance benefits.

The Board has remanded the case for a new VA spine examination to determine if the Veteran's cervical spine disability is related to her military service, as she claims. The current VA examination was inadequate and did not consider the Veteran's lay statements regarding symptoms in service.

The Board has determined that the Veteran's lumbar spine disorder, erectile dysfunction, residuals from a stroke, seizure disorder, and chronic headache disorder are not service-connected as they did not manifest during or are not related to his active military service.

The Board has remanded the case for additional development due to outstanding private treatment records and a need for clarification of Dr. SEB's opinion regarding the Veteran's low back disability.

The Board has remanded the case for additional development due to inadequate prior VA medical opinion and missing private medical records. The Veteran's erectile dysfunction is being evaluated in relation to his service-connected disabilities, including prescribed medications.

The Board has determined that the Veteran's low back disorder is not related to service and therefore denied his claim.

The Veteran's claims for increased ratings for lumbar and cervical spine disabilities were denied by the Board.,The Veteran was also denied a TDIU prior to May 4, 2011.

The Board has remanded the case for further development, including obtaining VA records and providing notice of secondary service connection.

The Veteran's claims for an increased rating for his lumbar strain with myositis and a TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board found that the Veteran's low back disorder was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Board found that the Veteran's current leg and back disabilities are less likely than not caused or aggravated by his service-connected bilateral foot disability of pes cavus.

The Veteran's cholecystitis with GERD and hiatal hernia has been rated at 30 percent since April 15, 2015. The Board granted a higher rating for his lumbar spine disability.

The Board has determined that the Veteran does not have current diagnoses of left ankle, cervical spine (neck), or back disabilities. Therefore, service connection for these conditions cannot be granted.

The Veteran's PTSD with secondary major depressive disorder is rated at 70% since April 13, 2015.,The Veteran's degenerative arthritis of the lumbar spine is rated at 20% since February 20, 2015.,The Veteran's IBS is rated at 30% since February 20, 2015.,The Veteran's hyperhidrosis of the hands and feet remains rated at 10%.

The Veteran's appeal was denied for service connection claims and initial disability rating claims. The Board found no evidence of a current left shoulder disorder, and the issues concerning bilateral hand disorders, left wrist disorders, mechanical low back pain with mild joint facet arthropathy, postoperative residuals of a fracture of the right wrist, right wrist surgical scar, and left ankle sprain were not addressed due to lack of service connection claims. The Veteran's appeal is denied.

The Board has determined that the Veteran's service-connected right knee disability aggravated his diagnosed back and right hip conditions, warranting service connection for these disabilities.,The evidence is in equipoise regarding whether the Veteran's altered gait due to his right knee condition caused or aggravated his right hip osteoarthritis.

The Board found that the Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to April 4, 2003 and denied an earlier effective date.

The Board has decided that the Veteran's claim for an annual clothing allowance is granted.