Back / lumbar spine decisions — 2018

The Board has granted service connection for residuals of a right shoulder injury, including a torn biceps tendon and a torn rotator cuff, as well as a torn meniscus of the left knee. Service connection was denied for degenerative arthritis of the lumbar spine.

The Board has remanded the Veteran's claims for further development, including new VA examinations to address his lay statements and medical records regarding his back condition and right ankle disability.

The Veteran's initial claim for a higher rating for lower back disability was granted, and he is now rated at 40 percent. A TDIU was granted from November 11, 2011 to December 5, 2011 due to his service-connected disabilities.

The Veteran's cervical spine disability was granted a rating of 20 percent prior to July 10, 2008.,A higher rating for the cervical spine condition is denied beginning July 10, 2008.,The Veteran's lumbar spine disability received a 10 percent initial rating. A higher rating is denied.,For her left knee disability, a 10 percent rating was granted prior to February 13, 2018. A higher rating is denied beginning from that date.

The Board has decided to remand two issues related to service connection for degenerative disc disease of the lumbar spine and degenerative joint disease of the left knee due to insufficient medical opinions.

The Veteran's claim for an effective date prior to December 26, 2010 for TDIU was denied as there is no evidence showing he was unable to obtain and maintain gainful employment due to his service-connected disabilities during the relevant period.

The Veteran's service-connected disabilities did not render him unemployable prior to April 7, 2010. The Board denied an earlier effective date for TDIU and DEA benefits.

The Veteran's claim for a clothing allowance due to her back brace is denied as there is no evidence that the brace causes actual wear and tear to her clothing.

The Veteran withdrew his appeals of the claims for service connection for various foot and knee conditions, including bilateral shin splints, ankle disorders, pes planus, and low back disorder.

The Board denied service connection for a thoracolumbar spine disability, finding that the Veteran's current condition is not related to his military service and did not manifest within one year of separation.

The Board has determined that more information is needed to adjudicate the Veteran's claims, including obtaining VA examinations and opinions regarding the etiology of his psychiatric disabilities, sickle cell trait, back disability, hip disability, knee disability, loss of use of bilateral lower extremities, TDIU, and DEA.

The Board has granted service connection for schizophrenia, an acquired psychiatric disorder. The appeal concerning bilateral hearing loss is dismissed due to the Veteran's representative withdrawing it. Other issues are remanded.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's lumbar spine disability, including whether it was aggravated by service or had its onset during active duty.

The Board has determined that the Veteran's petition to reopen his claim of entitlement to service connection for a right knee disability was received by the RO on March 19, 2013. There is no evidence of record to show that there was any communication from the Veteran indicating the intent to apply for service connection for a right knee disability between the final April 2010 rating decision and prior to March 19, 2013.

The appeal on the issues of service connection for left and right foot drop is dismissed.,Service connection for tinnitus is granted. The denial of service connection for a low back disability by a May 1998 rating decision was not the product of clear and unmistakable error (CUE).

The Veteran's appeal for increased ratings on his low back strain and left ankle disability is dismissed as the Veteran requested withdrawal of these issues. The case is remanded to schedule VA examinations and determine the current severity of his service-connected disabilities, and to evaluate the impact of his disabilities on his employability.

The Veteran's claim for service connection for a right hand disability was denied, but the claim for service connection for a psychiatric disability (including PTSD, anxiety, depression, and schizoaffective disorder) was reopened and granted.,Service connection was also granted for a psychiatric disability. However, claims for service connection for left hand disability and low back disability were denied.

The Board has granted service connection for a lumbar spine disability, right shoulder disability, and hemorrhoids. The Veteran's lumbar spine disability is presumed to have been incurred in service due to the nature of his military duties.

The Board denied the Veteran's claims for service connection for lumbar spine disorder and cervical spine disorder, finding that the preponderance of the evidence did not support a relationship to active service.

The Board has decided to remand the cases for further examination and evaluation due to inadequate opinions in previous VA examinations.