Back / lumbar spine decisions — 2018

The Board denied service connection for a lumbar spine disability and a rating higher than 10 percent for trigeminal neuralgia. The Veteran's lumbar spine degenerative disc disease is not considered to have started during service or be related to an in-service injury, event, or disease. His trigeminal neuralgia is rated at the maximum 10 percent level based on moderate incomplete paralysis.

The Veteran's claim for an annual clothing allowance is being remanded because the AOJ did not consider whether the service-connected low back disability and prescribed cream caused damage to his clothing.

The Board denied the Veteran's claims for service connection for various conditions, including tinnitus, an acquired psychiatric disorder (including PTSD and anxiety disorder), a lumbar spine disorder, bilateral knee disorders, COPD and chronic bronchitis, migraine headaches, right elbow disorder, right shoulder disorder, right ear hearing loss, intermittent vertigo, intermittent hand tremors, and intermittent blackouts. The Board found that the Veteran did not meet the criteria for service connection due to lack of evidence supporting the claimed stressors or a nexus between the conditions and service.

The Board denied service connection for a lumbar strain, finding that the Veteran's current diagnosis was not incurred in service and is not causally related to his military service.

The Board denied service connection for a lumbar spine disorder, right knee disorder, and bilateral lower extremity nerve damage as these conditions are not shown to be related to active duty service. The Veteran's hearing loss and tinnitus were also considered but did not meet the criteria for TDIU.

The Veteran's right acromial clavicle separation, combined with his service-connected back disability and mental disorder, rendered him unable to secure or follow a substantially gainful occupation after his 1984 injury. The case is remanded for referral to the Director of Compensation Services for consideration of an extraschedular TDIU on an earlier effective date.

The Board has remanded the claims due to insufficient evidence and need for further examination.

The Veteran's cervical strain and arthritis of the lumbar spine are not rated higher than 10 percent. GERD is rated at 10 percent, radiculopathy of the left lower extremity is rated at 20 percent, and radiculopathy of the right lower extremity is rated at 20 percent.

The Veteran's service-connected disabilities are not severe enough to require regular aid and attendance, thus his claim for special monthly compensation based on the need for regular aid and attendance is denied.

The Board has remanded the remaining issues on appeal due to the need for additional development, including obtaining missing service treatment records and scheduling VA examinations.

The Veteran's degenerative arthritis of the lumbar spine was rated at 20 percent prior to October 14, 2015. From that date, a higher rating is denied.

The Veteran's hiatal hernia, varicose veins from March 29, 2016, and lumbosacral strain with sciatic radulopathy are rated appropriately. A TDIU is granted for disabilities since March 29, 2016.

The Board has granted service connection for PTSD. The claims for hypertension, low back disability, and ischemic heart disease are remanded.

The Veteran's increased ratings for migraine headaches and lumbar spine degenerative joint disease are being remanded due to the need for additional medical examinations.

The Board has remanded two issues: one regarding the right knee and another for degenerative arthritis of the spine. The Veteran's records from Brooke Army Medical Center and San Antonio Military Medical Center need to be obtained, as well as updated VA treatment records.

The Veteran's DDD of the lumbar spine is rated at 10 percent, which is denied as it does not meet the criteria for a higher rating.,The Veteran’s bilateral hip disabilities are rated at 10 percent prior to October 6, 2016 and do not meet the criteria for a higher rating after that date.,The Veteran's right knee disability is rated at 10 percent prior to April 13, 2015 and does not meet the criteria for a higher rating thereafter.,All three conditions (DDD of the lumbar spine, bilateral hip disabilities, and right knee disability) are denied as they do not meet the criteria for a higher rating.

The Veteran's claims for service connection for back disorder, bilateral hip disorder, and right foot disorder have been granted as secondary to his service-connected left third metatarsal status post stress fracture.

The Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder, sleep apnea, left ear hearing loss, gastrointestinal (GI) disorder, fatigue, multi-joint and muscle pain, low back disorder, neurological disorders of the bilateral lower extremities, and bilateral knee disorder have all been denied.,The Board found that there was no evidence linking any of these conditions to service or qualifying Persian Gulf Service.

The Board has remanded the issues of rating cervical spine and lumbosacral spine disabilities, as well as the TDIU claim due to lack of recent VA examinations and incomplete SSA records.

The Veteran's left hand disability is granted a 10% rating from February 8, 2018. The low back and neck disabilities are denied ratings in excess of 10%. The left knee and right ankle disabilities are also denied ratings in excess of 10%.