Back / lumbar spine decisions — 2018

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the lay and medical evidence are in relative equipoise as to whether the Veteran's current tinnitus was incurred during service, resolving doubt in his favor.

The Veteran's claim for an initial disability rating in excess of 10 percent for his service-connected lumbar spine degenerative disc disease and degenerative joint disease/degenerative arthritis is being remanded due to the need for additional evidence and a new VA examination.

The Veteran's sciatic nerve impairment of the left lower extremity is granted a 40% evaluation, effective from the date of the decision. The claim for an earlier effective date for service connection for lumbosacral strain and sciatic nerve impairment of the left lower extremity remains pending.

The Veteran's service-connected chronic lumbosacral strain has not manifested with forward flexion of the thoracolumbar spine to 30 degrees or less, and there is no evidence of favorable ankylosis. Therefore, a disability rating in excess of 20 percent for this condition is denied.

The Board has remanded the Veteran's claims for right knee disorder, degenerative disc disease of the lumbar spine, and bilateral pes planus due to inadequate examinations. The VA is required to obtain additional medical opinions regarding the nature and etiology of any right knee disorder, as well as the current severity and manifestations of his service-connected left knee disability, lumbar spine disability, and bilateral foot disabilities.

The Veteran's clothing allowance claims for a back brace and motorized wheelchair are denied because the back brace does not cause wear and tear to his clothing, and the motorized wheelchair is used for non-service-connected lower extremity impairment.

The Board finds that remand is warranted because the VA examination did not address functional impairment due to other service-connected disabilities, including PTSD and right shoulder supraspinatus tendonitis. The Veteran's claims file must be made available to the examiner for an evaluation of his ability to function in a work setting and perform tasks.

The Board has remanded the Veteran's claims for right shoulder disability, lumbar spine disability, and diabetes mellitus due to incomplete records. The appeal will be returned to the RO for further development.

The Veteran's claims for service connection for various conditions, including back, neck, hip, and shoulder disorders, have been denied as there is no evidence of a current disability that can be linked to his active duty service.

The Board denied service connection for cervical spine disorders and diabetes mellitus as the evidence did not support a nexus between these conditions and service.

The Veteran's service records show back strain in 1968 and 1971. The VA examiner concluded that the current lumbosacral spine disability is less likely than not incurred or caused by his service, but a new examination with opinion is needed due to potential conflicts in the medical evidence.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection of a right leg disability, left hip disability (secondary to a service-connected condition), and low back disability. The issues have been REMANDED for further development.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected herniated nucleus pulposus with intervertebral disk syndrome (IVDS) is remanded due to the need for a new VA examination.

The Veteran's service-connected DJD of the lumbar spine is granted. The initial rating for PTSD prior to April 25, 2011 is denied but a higher rating from that date is granted. A TDIU due to service connected disabilities is remanded.

The Veteran's service-connected left and right shoulder impingement syndromes, as well as sacroiliac joint and lumbar spine degenerative disease and left hip and right hip degenerative joint diseases are rated at 20 percent each from January 4, 2012 to December 30, 2013.

The Board has remanded the claims of service connection for an acquired psychiatric disorder, bilateral knee disability, acute lumbar strain and degenerative disc disease, and bilateral upper and lower back teeth due to insufficient evidence. The Veteran's lay statements regarding in-service stressors and continuity of symptomology will be considered.

The Board has remanded the case due to insufficient examination results for assessing the Veteran's lumbar spine disability. The Veteran needs a new VA examination to determine the current severity of his service-connected lumbar spine disability.

The Board denied a rating in excess of 10 percent for lumbar spine disability prior to September 21, 2010 and from December 1, 2010 to November 14, 2011. The claim was also denied for a rating in excess of 40 percent for the same condition starting from November 14, 2011.

A 20 percent rating for the service-connected back disorder is granted effective July 1, 2015.,Service connection for urinary incontinence is granted.