Back / lumbar spine decisions — 2018

The Board has granted service connection for a low back disorder, hearing loss, and tinnitus. The claim for service connection of a psychiatric disorder including PTSD is remanded.

The Board has remanded the Veteran's claims for a low back disorder and respiratory disorder due to insufficient evidence, including lack of recent VA examinations. The Veteran is presumed exposed to Gulf War conditions.

The Board has denied the Veteran's claims for service connection for left knee disability, lumbar spine disability, and depression. The case is remanded due to incomplete medical evidence.

The Board has determined that there is at least a 50% likelihood that the Veteran's current degenerative disc disease of the lumbar spine is related to his in-service injury, and thus service connection for this condition is granted.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's current lumbar spine disability, including degenerative disk disease, is related to his active duty for training (ACDUTRA) service.

The Veteran's surgery for his lumbar spine disability was performed in January 2010. His claim for service connection for this condition was pending at the time of the surgery, and he did not file a separate claim for temporary total rating until August 30, 2013. The Board granted a temporary total evaluation based on convalescence following his lumbar spine surgery.

The Veteran's claim for left ear hearing loss is denied as the disability does not meet the criteria for a compensable rating.,The Veteran's claims for back condition, sleep apnea, and an acquired psychiatric disorder (other than PTSD) are remanded due to the need for additional evidence or examination.,The Veteran's claim for PTSD remains pending as the stressor verification process is ongoing.

The Veteran's claims for service connection for a lumbar spine disorder, left knee disorder, and right knee disorder were reopened due to the submission of new and material evidence. Service connection is granted for the lumbar spine disorder.

The Veteran's hearing loss and tinnitus are granted as service-connected. The Veteran's back disability is remanded for further examination.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are related to his active service, granting service connection for these conditions.

The Board has granted service connection for bilateral lower extremity radiculopathy and a TDIU rating, but has remanded the evaluation of the Veteran's lumbar sacral strain.

This decision denies the Veteran's claims for annual VA clothing allowances due to the use of a skin medication (Capsaicin Cream) and a back brace. The Board found that the Capsaicin Cream did not cause irreparable damage to outergarments, while the back brace claim requires additional evidence.

The Veteran's right knee degenerative arthritis was rated at 10 percent prior to December 10, 2013. A separate 10 percent rating for painful limitation of extension of the right knee is granted from December 10, 2013 to January 10, 2015. From January 11, 2015 onwards, a 40 percent rating for total right knee replacement is granted.,Throughout the appeal period, left knee arthritis and degenerative arthritis of the lumbar spine were not rated higher than 10 percent.

The Veteran's claim for service connection of major depressive disorder has been dismissed as the issue was fully granted in a previous decision. The Board also remanded the case to consider an increased rating for low back disability.

The Board has granted service connection for a low back disability and a left knee disability, finding that the Veteran's current conditions are related to his military service.,Service connection is also granted for bilateral hearing loss, but an additional VA examination is needed to determine its etiology.

The Veteran's claim for service connection of a right shoulder disability was not reopened due to lack of new and material evidence.,Service connection for the left ankle disability is denied.

The Board denied the Veteran's claims of service connection for chronic low back condition, left knee status post meniscectomy, bilateral hearing loss, and tinnitus. The evidence did not establish a nexus between these conditions and active service.

The Veteran's claims for increased ratings and TDIU prior to October 2, 2015 are being remanded due to the need for additional records and clarification of employment status.

The Board has remanded the claims for an evaluation in excess of 20 percent for a low back disability and service connection for radiculopathy of the left lower extremity, right upper extremity, and left upper extremity. The Veteran's VA treatment records since December 2016 must be obtained and associated with the claims file. A VA examination is needed to assess the current severity of his low back disability.

The Board has decided that the Veteran's sleep apnea and lumbar spine disability are not service-connected, but has remanded for further development regarding the lumbar spine disability.