Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's chronic respiratory disorder, including asthma, is not related to service or asbestos exposure. The back and hip disorders are also not linked to service.

The Veteran's claim for a higher rating for his lumbar spine disability and associated neurological impairments is being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran is granted service connection for pseudofolliculitis barbae and traumatic headaches, with initial ratings of 10% each. The Veteran's degenerative disc disease of the lumbar spine is rated at 10% prior to March 5, 2009, and remains at that rating from March 5, 2009.

The Veteran withdrew his appeals for all remaining issues prior to the promulgation of a decision.,The Veteran withdrew his appeals for all remaining issues prior to the promulgation of a decision.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, was denied as he did not have a current diagnosis of such condition. The claims for increased ratings and TDIU were also addressed but are deferred until the examinations have been completed.

The Board denied the Veteran's claims for service connection for lower back disability, right ear sensorineural hearing loss, and left ear sensorineural hearing loss. The Board found that there was no evidence of a current disability related to service or in-service noise exposure.

The Veteran's hypertension and low back disability are found to be related to his military service, with the Board granting service connection for both conditions.

The Veteran's lumbar spine disability is being remanded for additional examination and development due to conflicting information regarding the presence and severity of incapacitating episodes.

The Veteran seeks service connection for various disabilities, including a cervical spine disability, right shoulder disability, bilateral hip disability, low back disability, and residuals of a head injury. The appeal is being remanded to obtain additional medical records and information regarding the Veteran's post-service employment in Iraq.

The Board has determined that the Veteran's lumbar spine disability, status post fusion, is the result of his military service, specifically repetitive trauma from multiple parachute jumps. As such, the claim for service connection is granted.

The Veteran's service-connected disabilities did not prevent him from securing and following all forms of substantially gainful employment prior to December 27, 2013.

The Veteran is granted a clothing allowance for the year 2015 due to use of a back brace and topical medication related to his service-connected disabilities.,The Veteran is granted benefits under the HISA program for the installation of a storm door needed for treatment of his service-connected allergic rhinitis. The claim for reimbursement of Tempur Pedic mattress set is also granted.,Payment or reimbursement of private medical expenses for dental care from November 3, 2005, through January 24, 2006, is denied due to lack of prior authorization and the two-year filing limit.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a new VA examination for his lumbar spine disability and an EMG test for his neurological manifestations.

The Board denied the Veteran's claims for initial compensable ratings for GERD and lumbosacral strain with thoracic spine DJD and dextro-convex scoliosis, finding that there was no evidence of two or more symptoms necessary to warrant a higher rating under Diagnostic Code 7346 (GERD) or Diagnostic Code 5293 (lumbosacral strain).

The Board found that the Veteran's current back, left arm, and left leg disorders are not directly related to his service or a service-connected disability. The Veteran's chronic left flank pain is also not considered the cause of these conditions.

The Veteran's low back disability is rated at 20 percent since January 20, 2005. The Board found that the evidence did not meet criteria for a higher rating and denied claims for service connection for PTSD, depression NOS, anxiety disorder NOS, dysthymic disorder, prostate cancer, sleep apnea, or TDIU.

The Veteran's claims for service connection and increased ratings were denied. The Board found no residuals of a left big toe injury, but granted service connection for radiculopathy of the right lower extremity effective June 22, 2009.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied both his claim for service connection and his request for a temporary total evaluation due to surgery. The evidence did not establish a nexus between his in-service injury and his current condition.

The Veteran's low back disability was rated at 20% prior to January 13, 2006 and increased to 40% effective from January 13, 2006. The current rating of 40% is maintained until October 15, 2007. After that date, the Veteran's disability was rated at a combined 100%, which does not meet the criteria for TDIU prior to July 15, 2011.