Back / lumbar spine decisions — 2018

The Veteran's back injury occurred during National Guard duty, but service connection is denied because the injury did not occur during a period of qualifying service (active duty, ACDUTRA, or INACDUTRA).

The Veteran's service connection claims for bilateral hearing loss, tinnitus, low back disability, and depression have been granted. The claim for an initial rating of 20 percent for left shoulder disability has also been granted.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability, status post fusion, rated as 20 percent prior to August 7, 2014, and 40 percent from August 7, 2014, to May 31, 2017, was denied. The Board found that the evidence did not show limitation of motion to 30 degrees or unfavorable ankylosis.

The Veteran's claim for a clothing allowance due to her back brace is denied because the brace does not qualify as one that tends to wear or tear clothing, according to VA regulations.

The Veteran's lumbar spine disability was initially rated at 20 percent prior to November 8, 2016. From that date, the rating was increased to 40 percent.

The Veteran's service-connected disabilities, including PTSD and cervical spine degenerative disc disease, rendered him unable to secure or maintain substantially gainful employment as of October 3, 2012. The Board granted a total disability rating based on individual unemployability (TDIU) from that date.

The Board has denied service connection for a low back condition and right ear hearing loss, but has remanded the issue of service connection for a left knee condition. The Veteran's right knee disability is currently rated at 10%.

The Veteran's claims for increased ratings for lumbar strain, left leg shin splints, right leg shin splints, and right upper extremity distal cutaneous median nerve peripheral neuropathy (right thumb neuropathy) have been denied. The Board found that the current disability ratings adequately reflect the severity of his conditions.

The Veteran's tinnitus and back disorder are granted service connection as they are found to be related to military service. The back disorder is remanded for further examination.

The Board has remanded the case due to inadequate compliance with previous remand directives and new evidence submitted by the Veteran.

The Board denied service connection for psoriatic arthritis of the left knee, left elbow, left hand, and right knee. The claim for low back disorder was also denied. Service connection for irritable bowel syndrome (IBS) was not granted.

The Board denied the Veteran's claims for service connection for left knee and lumbar spine disabilities as new and material evidence was not presented to reopen these claims.

The Board has remanded the claims for bilateral hearing loss, back disorder, hypertension (secondary to an acquired psychiatric disorder), erectile dysfunction, chronic headache disorder, left and right lower extremity disorders, and acquired psychiatric disorder due to incomplete compliance with previous remands.

The Veteran's claims of service connection for a lumbar spine disability and hypertension have been remanded due to the need for additional evidence. The Board will attempt to obtain his missing service treatment records, provide him with VCAA notice if necessary, schedule VA examinations, and consider alternative sources of evidence.

The Veteran's back disability is being remanded for a VA examination to assess the current severity of his condition.

The Board has granted service connection for cervicalgia, cervical spondylosis, mild degenerative disc disease at midcervical spine C3-C4, C4-C5 and segmental dysfunction of thoracic region, as well as lumbago, lumber vertebra subluxation, disorder of sacrum and spastic paraspinal musculature, all of which are believed to be related to the Veteran's motor vehicle accident during active service.

The Veteran's claims for an acquired psychiatric disorder other than PTSD, to include panic disorder and a back disorder with arthritis have been reopened. The Board is remanding the remaining issues for further development.

The Board has granted service connection for tinnitus and a lumbar spine disorder. The Veteran's right hip, GERD, weakness and fatigue, dizziness and lightheadedness, and sleep pattern change and night sweats are being remanded for further examination and opinion.

The Board has remanded the Veteran's claims for additional development due to missing service treatment records and VA/SSA medical records. The claims include entitlement to service connection for various disabilities, including a low back disability, right leg disability, bilateral foot disability, acquired psychiatric disorder (MDD), respiratory disability, bilateral hearing loss, and tinnitus.

The Veteran's claims for increased ratings of PTSD, TBI, and low back strain are being remanded due to the need for a supplemental statement of the case based on recent VA treatment records.