Back / lumbar spine decisions — 2018

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical opinions and lack of evidence from a separation exam. The cases will be reviewed with new examinations.

The Veteran's diabetes mellitus was not incurred during service and is not considered related to his Southwest Asia service. The eye disabilities, including cataracts, dry eye condition, blurry vision, familial drusen, and vision impairment, were not shown during service or within one year of discharge.,The right knee disability was not shown during service or within one year after service. The low back disability was not shown during service or within one year after service.

The Veteran's claim for service connection for a left shoulder disorder is denied. The Veteran's migraines are granted as related to service. The Veteran's lumbar spine disorder and sinus tachycardia (heart rate) do not meet the criteria for initial compensable ratings. The Veteran's right knee disorder is remanded for further development.

Service connection is granted for right ankle/heel inversion, left ear perforation (previously claimed as right ear perforation), chronic bronchitis, and left wrist and thumb scars. A TDIU is also granted.,Bladder disability and seborrheic dermatitis of the scalp are remanded due to insufficient rationale provided in the February 2018 DBQ.

The Veteran's cervical spine disorder is not service-connected as it is not proximately due to or aggravated by his service-connected bilateral knee disabilities.,His lumbar spine degenerative disc disease is service-connected as it is proximately due to his service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability is rated at 40 percent, while the depression with social phobia is rated at 70 percent. A TDIU was granted from February 26, 2013 to June 29, 2015.

The Board has determined that the Veteran's original claim of service connection for a back disability must be readjudicated de novo considering additional service records received in April 1999. The left foot and vertigo claims are also remanded for further development.

The Veteran's lumbar spine osteoarthritis is rated at 40 percent effective September 14, 2017. Ratings for left and right lower extremity numbness and weakness remain denied.

The Veteran's claims for an increased rating for a back disability and TDIU were denied due to his failure to report for scheduled VA examinations.

The Veteran's right wrist and low back disabilities are granted service connection. The right shoulder disability is granted an increased rating to 20 percent, but the scar associated with it remains noncompensable.

The Veteran's degenerative disc disease (DDD) of the cervical spine was not shown to be related to his military service, and it is determined that this condition is not secondary to his service-connected low back disability. Therefore, the claim for service connection for DDD of the cervical spine is denied.

The Veteran's appeals have been dismissed as he has withdrawn his appeal for all issues currently before the Board.

The Veteran's service-connected lumbar spine condition and associated radiculopathies have not met the criteria for a higher disability rating during the appeals period.

The Veteran's claim for a higher rating for cervical spine disability was denied as the evidence did not show limitation of motion or ankylosis that would warrant a higher rating.,The Veteran's claim for TDIU was also denied because he failed to complete and return the VA Form 21-8940, which is required to substantiate his unemployability due to service-connected disabilities.

The Board denied service connection for a right wrist disorder, lumbar spine disorder, left knee disorder, and right knee disorder as the evidence did not show these conditions were incurred in or related to active service.

The Veteran's low back condition, rated as 20 percent disabling prior to August 18, 2010, does not meet the criteria for a higher rating due to lack of forward flexion or ankylosis.

The Board has determined that there is no evidence to support the Veteran's claims of service connection for low back disability and left knee disability, as both conditions are not shown to have been incurred or aggravated during his active military service.

The Veteran's appeals for service connection were dismissed due to his death.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board denied service connection for low back, right knee, and left knee disabilities. The Veteran's claim for headaches was granted as the evidence is in equipoise.