Back / lumbar spine decisions — 2018

The Veteran's claims for service connection for left heel spurs, left ankle disorder, hypertension, and thoracolumbar spine disorder have been denied. The Board finds that the evidence does not support a finding of in-service incurrence or medical nexus to current diagnoses.

The Board has granted service connection for low back and right hip disabilities, but denied service connection for right leg and left leg disabilities. The low back and right hip disabilities are considered to be related to the Veteran's in-service injuries.

The Veteran's back disability is rated at 10 percent, as the evidence does not show flexion of less than 60 degrees or combined range of motion less than 120 degrees.,For the psychiatric disability prior to April 7, 2017, a rating in excess of 30 percent is denied. The Veteran's symptomatology has been consistent with that identified at the April 7, 2017 examination and most closely contemplated by occupational and social impairment with reduction in reliability and productivity.

The Veteran's appeal of the pseudofolliculitis barbae claim has been withdrawn and dismissed. The low back pain claim is remanded for further action.

The Veteran's acquired psychiatric disorder is rated at 30 percent, and his lumbar strain is rated at 30 percent. The combined rating of both conditions is 70 percent, which meets the criteria for a TDIU.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's chronic lumbar strain and because his SSA records are missing. The claim will be reconsidered with new evidence.

The Board found that the overpayment of VA disability compensation benefits resulting from the Veteran's incarceration for a felony was not properly created, and thus granted the appeal.

The Board denied the Veteran's claims for service connection for diabetes mellitus and TDIU due to his service-connected disabilities. The Board found insufficient evidence to support a direct link between the Veteran's current diabetes mellitus and active duty service, and concluded that he did not meet the criteria for a TDIU based on his service-connected conditions.

The Board dismissed the claim for lumbar degenerative disc disease and granted reopening of the claim for bilateral hearing loss. The Veteran's current bilateral hearing loss is considered to be related to in-service noise exposure.

The Veteran's claims for a clothing allowance for braces and medication used due to her service-connected disabilities are being remanded for additional development.

The Board has remanded the cases for additional development due to insufficient opinions regarding the causes of the Veteran's disabilities and whether they are related to service.

The Veteran's service-connected disabilities, including tinnitus and multiple cardiovascular conditions, have rendered him unable to secure or follow substantially gainful employment. Service connection for tinnitus is granted based on in-service noise exposure.

The Veteran's nonepileptic seizures are rated at 40 percent, and his headaches and low back disability each receive a separate 10 percent rating. The Board denied an increased rating for nonepileptic seizures and found no basis to grant separate ratings for the Veteran's headaches and low back disability.

The Board has remanded the claim due to insufficient evidence regarding the etiology of the Veteran's low back disability, including whether it is related to service or secondary to his service-connected knee and ankle disabilities.

The Veteran's initial claim for a higher rating for his low back disability was granted, and he received an initial 20% rating from November 17, 2003 to May 10, 2005. The Veteran also received a TDIU rating effective from the date of his initial claim.

The Board dismissed the appeals of service connection claims for degenerative lumbar spine disease, cervical spine injury, bilateral hearing loss, and tinnitus due to the death of the appellant.

The Board denied the Veteran's claims for service connection for various disabilities, including low back disability, left and right hip disabilities, erectile dysfunction, bladder disability, and bilateral lower extremity radiculopathy, all of which were secondary to his claimed low back disability. The evidence did not support a finding that these conditions were related to his military service or injuries incurred therein.

The Veteran's major depressive disorder is granted as service connected. Service connection for cervical spine, lumbar spine, right shoulder, left knee, and right knee disorders are restored due to improper severance of service connection.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment, thus warranting a TDIU rating. The increased rating claim for the right tibia and fibula fracture is remanded.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for a VA examination to assess the current severity of his condition.