Back / lumbar spine decisions — 2017

The Board found that the Veteran's perforated left ear drum was not service-connected due to a history of treatment and resolution with surgery. However, the Board determined his back disability is service-connected as it had its onset during active duty.

The Veteran's left knee disability is found to be secondary to his service-connected right knee degenerative joint disease. His lumbar spine disability has been granted a full grant of the benefit sought on appeal.

The Board has determined that the Veteran does not meet the criteria for service connection for a low back disability or entitlement to a rating in excess of 70 percent for PTSD. The claim is denied.

The Veteran's service-connected disabilities, including specifically his PTSD, CAD, and thoracolumbar spine disability, are productive of symptomatology and functional limitations that 'combine to render him fully incapable of securing and following substantial and gainful employment' since August 31, 2012.

The Board has determined that the Veteran's current right ankle disability and low back disability are related to service, meeting the criteria for direct service connection.

The Veteran's service-connected disabilities, involving the knees, back, wrists, hand grip, and lower extremities have met the percentage requirements for a TDIU. The combined rating of these disabilities is at least 70 percent since June 1, 2010; 100 percent for a temporary total from December 12, 2012; and 90 percent from January 1, 2014. As such, the Veteran's TDIU claim is granted.

The Board has determined that the Veteran's current cervical spine, lumbar spine, bilateral hip, bilateral knee, and left shoulder disabilities are the result of injuries sustained during service, including multiple parachute jumps. Service connection is granted for these conditions.

The Board has remanded the case for further development, including scheduling examinations and obtaining medical records. The Veteran's claims will be readjudicated based on the additional evidence.

The Veteran's chronic lumbosacral strain prior to December 12, 2002, is rated at 20 percent and does not meet the criteria for a higher rating. After that date, it remains rated at 20 percent.

The Veteran's claim for a TDIU on an extraschedular basis prior to March 11, 2011 was denied as his service-connected disabilities did not render him unemployable without consideration of nonservice-connected disabilities.

The Veteran's bilateral elbow disorder, lumbar spine disorder, and left knee disorder are all found to be causally or etiologically due to service.

The Veteran's service-connected disabilities, including impingement syndrome and degenerative osteoarthritis of the shoulders, left shoulder, lumbosacral spine arthritis, Peyronie's disease with erectile dysfunction, and hypertension, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to unclear income and pension eligibility, as well as potential errors in previous calculations. The Veteran's claims for service connection are also pending.

The Board has granted service connection for PTSD, but denied reopening of the claim for residuals of a low back injury. The Veteran's PTSD is rated at 70 percent.

The Board has determined that additional VA treatment records are needed to fully evaluate the Veteran's claims, as these records may contain information relevant to his service-connected conditions and their current status.

The Veteran's currently diagnosed bilateral knee osteoarthritis is related to military service, and the Board finds that service connection for this condition is warranted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a back condition. The Board also finds that the Veteran's degenerative disc disease and degenerative joint disease of the lumbar spine are secondary to his service-connected right knee mild degenerative disease of patellofemoral compartment and knee joint, thus granting service connection.

The Board has determined that additional development is necessary before the claim for an increased evaluation for a low back disability can be decided.

The Veteran's use of a rigid back brace for his service-connected back disability (intervertebral disc syndrome) tends to wear and tear clothing, warranting a clothing allowance from the year 2013 forward.

The Veteran's appeal is being remanded because he requested a videoconference hearing. The service connection issue for his lower back disorder, including degenerative disc disease of the lumbar spine, remains under review.