Back / lumbar spine decisions — 2017

The Veteran's combined rating has been 80 percent since June 21, 2016. However, he is gainfully employed in a fulltime position and his service-connected disabilities do not render him unable to secure and follow gainful employment.

The Board has reopened the claim for service connection for a low back disorder and remanded it to allow for further development. The claims for tinnitus and bilateral hearing loss are also being remanded.

The Veteran's service-connected degenerative joint disease of the lumbar spine and arthritis of both knees are currently rated at 10 percent each, which is the maximum rating allowed under Diagnostic Codes 5260 and 5003. The Board finds that a higher rating is not warranted for these conditions.

The Board has granted a 20 percent rating for the Veteran's thoracolumbar spine disability, effective December 14, 2007. The claim for service connection for residuals of TBI is also granted.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess the current severity of her left femur disability.

The Veteran's increased rating claim for his lumbar spine disability is denied as the evidence does not support a higher evaluation. The right ear hearing loss claim is rated at noncompensable and there are no incapacitating episodes to warrant a higher rating under the IVDS criteria. TDIU claim remains on appeal.

The Board denied the Veteran's claims of service connection for bilateral pes planus, stomach problems, vertigo (secondary to service-connected bilateral hearing loss), low back disability (secondary to bilateral pes planus), and migraine headaches. The Board found that there was no evidence of aggravation of pre-existing conditions during service or a direct relationship between service and the current disabilities.

The Veteran's paraplegia is caused by his service-connected lumbar disc disease and he needs aid and attendance of another person due to his spinal cord injury.

The Board has remanded the case due to the need for additional development, including obtaining inpatient records from the Veteran's hospital stay in Germany and providing a medical opinion regarding the relationship between his current lower back disability and service.

The Board has granted service connection for bipolar disorder, finding that the Veteran's symptoms began during his active military service. The claim for PTSD and low back disorder is dismissed due to withdrawal of appeal by the Veteran.

The Board has remanded the Veteran's claims for a TDIU and increased rating for low back disability due to unclear findings regarding associated neurologic abnormalities. The issues are being addressed together as they are intertwined.

The Board has decided to remand the case for additional development, including obtaining medical opinions and locating pre-2000 treatment records.

The Board found no evidence of a back injury during service and concluded that the current back condition is not related to any in-service event. The Veteran's lay statements regarding onset were deemed less credible.

The Veteran's current lumbar spine osteoarthritis is found to be related to his active duty service, and the Board grants service connection for this condition.

The Veteran's lumbosacral corset brace, prescribed for his service-connected lumbar spine disability, causes wear and tear to his clothing. The Board granted an annual clothing allowance for the 2013 calendar year based on this finding.

The Veteran's sleep apnea, right knee disorder, left knee disorder, and lumbar spine disorder are all found to be related to his active service.

The Board has denied the Veteran's claims for increased ratings for his service-connected disabilities and for an earlier effective date for service connection for a chronic right knee strain.

The Board found no evidence of an acquired psychiatric disorder or low back disorder that is related to service, and thus denied the Veteran's claims for these conditions.,For his service-connected pulmonary sarcoidosis, the Veteran did not meet the criteria for a compensable rating.

The Board denied service connection for the Veteran's low back disability, finding that it was not incurred in or aggravated by active service and may not be presumed to have been so incurred.

The Board has determined that a separate rating of 20 percent for right lower extremity radiculopathy associated with lumbar spine degenerative disc and joint disease is warranted from December 14, 2009 through May 27, 2014. The Veteran's symptoms during this period included moderate incomplete paralysis of the sciatic nerve.