Back / lumbar spine decisions — 2018

The Veteran's claims for service connection for tinnitus, right and left knee disabilities, and back disability have been granted. The Board has found new and material evidence to reopen these claims and has determined that the preponderance of the evidence supports the claims.

The Board has granted service connection for an acquired psychiatric disorder, a low back disorder, and bilateral knee disorders. Additional development is needed for the remaining issues on appeal.

The Veteran's low back condition resulted in limited forward flexion of the thoracolumbar spine prior to June 20, 2011. The Board found that a higher rating was not warranted based on the evidence provided.

The Board has remanded the Veteran's claims of service connection for lumbar spine, left knee, right knee, and bilateral pes planus disabilities due to incomplete records and need for clarification on whether the Veteran's preexisting pes planus disability was permanently worsened during service.

The Veteran's lumbar spine disability and deviated nasal septum were not granted service connection. Service connection for PTSD was granted, but a higher rating is denied. The Veteran's TDIU claim is remanded.

The Veteran's service-connected back injury with degenerative disc disease caused wear and tear on his clothing, specifically shirts caught between the brace and his wheelchair. The Board granted a clothing allowance for this issue in 2014.

The Board denied service connection for a bilateral shoulder disability, lower back disability, and obstructive sleep apnea. The Veteran's disabilities were not found to be related to his active military service or any incident therein.

The Veteran's tinnitus was granted service connection.,Service connection for lumbosacral degenerative disc disease, an acquired psychiatric disorder (likely PTSD), bilateral hearing loss, cystic skin lesions, a respiratory disability, obstructive sleep apnea, and hypertension is remanded due to insufficient evidence.

The Veteran's claim for a higher rating for numbness in the left leg is granted, but not for his fatigue or TDIU. The case is remanded for additional development regarding service connection for fatigue and TDIU.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected disabilities, as well as the need to adjudicate other claims inextricably intertwined with these issues.

The Board has determined that the Veteran's lumbar degeneration, cervical strain, and right knee disability are secondary to his service-connected left foot DJD. The claim for bilateral hearing loss is denied.

The Board has reopened the Veteran's claims for service connection for bilateral rotator cuff tendonitis, a bilateral foot condition, headaches/migraine headaches, back condition, neck condition, mental health disorder (including sleep disorder), and nephritis due to new and material evidence. The cases are remanded for further development.

The Veteran's claim for service connection for an ear disorder is denied as there is no diagnosed chronic ear disorder.,The Veteran's claim for a compensable evaluation for bilateral hearing loss is denied as his current hearing impairment does not meet the criteria for any higher rating under VA regulations.,The Veteran's claim for a compensable evaluation for hemorrhoids prior to April 8, 2003, and in excess of 10 percent thereafter is denied due to lack of evidence of persistent bleeding or anemia.,The Veteran's claim for a 20 percent evaluation or greater for gastric ulcer disorder as of November 24, 2010, is granted. Prior to this date, the claim remains denied.,The Veteran's claim for a rating in excess of 40 percent for low back disorder is denied due to lack of evidence of ankylosis or intervertebral disc syndrome resulting in incapacitating episodes totalling at least six weeks in a twelve-month period.,The Veteran's claim for a separate evaluation for urinary incontinence as a neurological manifestation of his low back disorder is granted.,The Veteran's claim for TDIU based on service-connected disabilities is granted.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and opinions.

The claim to reopen the service connection for lumbar spine disability is granted. The claims for left knee disability are remanded.

The Veteran's claim of service connection for an acquired psychiatric disorder has been reopened and granted. Service connection is also established for a low back disorder, but not hypertension.

The Veteran's service-connected low back disability and acquired psychiatric disorder prevented him from securing or following substantially gainful employment since May 25, 2011. The Board granted TDIU for this period.

The Board has remanded the claims for service connection for low back disability, right leg sciatica, and left leg sciatica due to insufficient medical opinion regarding their etiology.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there was no evidence of chronic low back disability during service and insufficient post-service medical records to establish a direct link between his current condition and military service.

The Board has decided to remand the claim for additional development, including obtaining VA treatment records and a retrospective medical opinion regarding the Veteran's lumbar spine disability.