Back / lumbar spine decisions — 2018

The Board previously denied service connection for low back and left hip disabilities. The Court has now remanded these claims due to inadequate examination reports, which did not consider the Veteran's lay evidence of continuous pain since service.

The Veteran was unable to secure or follow a substantially gainful occupation as of June 24, 2013 due to his service-connected disabilities. The Board granted TDIU on an extraschedular basis from that date.

The Veteran's service connection claim for a bilateral eye disability is denied as there is no current diagnosis related to either eye and no evidence of an in-service event or injury. The Board finds that the Veteran does not have a current diagnosed disability of either eye.,Service connection for degenerative disc disease of the cervical spine is denied as there is no evidence of limitation of motion, muscle spasm, or abnormal gait/seated posture resulting from this condition.

The Board has granted an effective date of April 13, 2010 for the award of special monthly pension based on the need for aid and attendance. The evidence is in equipoise as to whether the Veteran required regular aid and attendance from that date.

The Board denied service connection for residuals of a left knee contusion, non-osteogenic fibroma of the left tibial metaphysis, and a back disability, finding that there was no evidence to support these claims.

The Board has decided to remand the Veteran's TDIU claim due to incomplete development and potential new evidence. The mental health claim is also inextricably intertwined with the TDIU claim, so it will be deferred until adjudicated.

The Veteran's back brace caused wear and tear on his clothing, leading to a clothing allowance for 2014.

The Veteran's claim for a higher rating for residuals, L3-L4 discectomy/laminectomy and PTSD has been denied. The Veteran is also remanded for further evaluation of his back disability and PTSD.

The Veteran's claim for a higher rating for his service-connected shell fragment wound, right lumbar region was denied. Separate ratings were granted for chronic kidney disease and pulmonary condition as residuals of the same injury. The case is remanded to evaluate muscle group XX injury and determine if it is related to the service-connected condition.

The Veteran's service-connected disabilities, including lumbar spine disability, left knee disability, neuropathy of the face with motor dysfunction, bilateral shoulder disability, radiculopathy in bilateral lower extremities, left hip disability, and right finger disability, have rendered him unemployable prior to July 30, 2015. The Board granted his claim for a total disability rating due to individual unemployability (TDIU) based on the combined impact of these disabilities.

The Veteran's lumbar spine disability is rated at 40 percent effective August 2013, with separate ratings of 20 percent for each lower extremity radiculopathy. The total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Board has decided to remand the Veteran's claims of service connection for lower back disorder, left knee disorder, and right knee disorder due to incomplete records and a need to consider his service-connected atopic eczematous dermatitis.

The Board denied service connection for a back 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 granted service connection for bilateral hearing loss disability, tinnitus, and left knee disability. The claims of service connection for back disability, neck disability, and right knee disability are denied.

The Veteran's appeal regarding an increased rating for lumbar spine disability was dismissed. The Board also remanded the issue of service connection for residuals of traumatic brain injury (TBI).

The Veteran's claim to reopen service connection for a back disability is granted. Service connection for left hip, right hip, and peripheral vascular disease are denied as secondary to service-connected conditions.

The Board has remanded the claims for service connection for low back disorder, loss of vision, and hypertension due to the need for additional medical opinions considering the Veteran's subjective complaints and available medical literature.

The Veteran's claims of service connection for obstructive sleep apnea and hypertension were not reopened, but his claim for an earlier effective date for a 20% rating for lumbar spine disability was denied. The Board also remanded the case to obtain a new VA examination for the lumbar spine disability.

The Veteran's service-connected disabilities require him to use a motorized scooter for mobility, meeting the criteria for special monthly compensation based on aid and attendance. Additionally, his permanent and total disability due to service-connected conditions precludes locomotion without aids like braces or crutches, qualifying him for assistance in acquiring specially adapted housing.

The Board denied service connection for bilateral hip strain with degenerative changes and an earlier effective date for calcified herniated L5-S1, status post laminectomy, lumbar spine. The Veteran's claim of service connection for bilateral foot pain is remanded.,Service connection was not granted for bilateral hip strain due to lack of a causal relationship between the disability and the service-connected lumbar spine disability. An earlier effective date than November 7, 2007, for calcified herniated L5-S1, status post laminectomy, lumbar spine is denied.,Service connection was not granted for bilateral foot pain due to insufficient evidence regarding whether any of the Veteran's foot conditions are proximately caused or aggravated by his service-connected lumbar spine disability.