Back / lumbar spine decisions — 2018

The Veteran's claim for service connection for low back condition was initially denied in November 2012 due to lack of evidence linking the disability to service. The appeal has been reopened and remanded for further development, including a VA examination.

The Board has granted service connection for a low back disability and denied service connection for BPPV. The Veteran's painful scars of the left thigh are rated at 20 percent, effective from the date of the decision.

The Veteran's claims for service connection were not processed under the Fully Developed Claim (FDC) Program due to administrative reasons.,The Veteran’s gastroenteritis with IBS is assigned a maximum rating of 30 percent.

The Veteran's claims for service connection have been reopened, and she is now entitled to a 10% rating for right knee chondromalacia with degenerative arthritis. The claim for right knee instability has also been granted.

The Veteran's spouse was not eligible for additional compensation prior to November 1, 2013, as the necessary documentation was not submitted within one year of his combined disability rating being established in October 2002.

The Board has remanded the Veteran's claims for service connection and rating determinations due to outstanding service treatment records, need for VA examinations, and inadequate medical opinions.

The Board has remanded the case due to recent legal development regarding pain as a disability, and because additional medical opinions are needed. The Veteran's low back disability is being reviewed again for service connection.

The Veteran's initial higher rating of 10 percent for left knee pellegrini-stieda syndrome (instability) is granted, effective November 18, 2010. The other service connection claims are remanded.

The claim for service connection of bilateral hearing loss and tinnitus has been reopened, but denied. The claim for a rating in excess of 10 percent for lumbosacral strain disability is remanded. The claim for service connection of a sleep disorder (including sleep apnea) is also remanded.

The Veteran's back condition and left ankle injury are related to active service.,Entitlement to service connection for a right shoulder condition, bilateral pes planus, PTSD, depressive disorder, pseudofolliculitis barbae, hearing loss, tinnitus, degenerative disc disease (DDD) of the cervical spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity is granted.

The Veteran's claim for bilateral pes planus was denied. The reduction of the left knee disability rating from 20% to 10% was not proper, and restoration of the 20% rating is granted. A higher (compensable) initial disability rating for right knee surgical scars is denied. An increased disability rating higher than 30% for residuals of right knee torn meniscus with chondromalacia is denied. An initial disability rating higher than 70% for adjustment disorder with mixed anxiety and depressed mood is denied. An initial disability rating higher than 10% for lumbar degenerative disc disease with spondylosis is denied. An initial disability rating higher than 10% for right lower extremity radiculopathy is denied. The effective date earlier than July 1, 2014 for the award of a 30 percent rating for the right knee disability is denied.

The Board must remand to attempt to obtain outstanding treatment records related to the Veteran's lumbar spine disability, as these records may show whether her disability had improved and if a reduction in her disability rating was proper.

The Board has remanded two issues: service connection for a left knee disability and rating in excess of 10 percent prior to June 30, 2011, and in excess of 20 percent thereafter for degenerative arthritis with spondylosis and bilateral facet disease of the lumbar spine. The remand is due to incomplete service treatment records and the need for a new VA examination.

The Veteran's claims for service connection were denied multiple times due to the character of his discharge, but were reopened and granted effective June 24, 2015.,PTSD with alcohol dependence (in full remission) was granted effective June 24, 2015.

The Veteran's claim for service connection for degenerative joint disease and degenerative disc disease of the lumbar spine with limitation of flexion is being remanded due to incomplete medical evidence. A new VA examination is needed to determine if his condition was caused by or aggravated during active duty.

The Veteran's use of a lumbar spine brace for his service-connected lumbar degenerative disc disease is approved as a clothing allowance for the year 2015.

The Board denied the Veteran's claims for increased ratings for his lumbar and cervical spine disorders, as well as separate evaluations for right and left knee instability. The claim for a temporary total rating based on hospitalization in 2010 was also denied. The Veteran's headache disorder was not rated compensably.

The Veteran's TDIU claim was denied prior to June 30, 2008 due to his combined rating not meeting the schedular requirements. However, from April 19, 2011 onwards, a TDIU was granted as his combined rating met the criteria for consideration of a schedular TDIU. The Board referred the issue from June 30, 2008 to April 18, 2011 for extraschedular consideration.

The Board has decided that an additional medical opinion is needed to determine if the Veteran's current low back disability is related to her military service. The case will be returned for further action.

The Veteran's service-connected disabilities, including PTSD and depressive disorder, rendered him unable to obtain or maintain substantially gainful employment prior to August 28, 2015.