Back / lumbar spine decisions — 2018

The Board has denied service connection for a lumbar spine disability and remanded the claim of service connection for an acquired psychiatric disorder, other than a sleep disorder. The case is being returned to VA for further development.

The Board has remanded the case due to issues with the appellant's character of discharge and his service connection claims. The appeal is not about service connection at all, but rather a dispute over the character of discharge.

The Veteran's use of his VA-issued lumbar spine brace caused wear and tear on his clothing, which is sufficient to grant a clothing allowance for 2014.

The Veteran's initial claim of service connection for hypogonadism was granted, but the Board denied an increased rating beyond 10 percent. The issues of service connection for back disability, left knee disability, right knee disability, and left ankle disability are remanded due to inadequate medical opinions.

The Veteran's appeal for increased ratings for his low back disability, left knee arthritis (limitation of extension and flexion), and total left knee replacement was denied. The VA found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's tinnitus and ischemic heart disease are granted service connection. The lumbar disability, bilateral hearing loss, and psychiatric disorder claims are remanded for further development.

The Board has decided to remand the case due to outstanding VA treatment records and conflicting medical opinions regarding the cause of death. The Veteran's service-connected lumbosacral strain and left hip arthrosis are being evaluated for their potential contribution to his death.

The Veteran's claim for an earlier effective date for service connection of djd of the right knee was denied. The Board found that the preponderance of evidence did not support a grant of an earlier effective date.

The Veteran's service connection claim for degenerative joint disease of the lumbar spine is granted as his current condition and symptoms are linked to an in-service injury, with no evidence of aggravation or new onset after service.

The Veteran's lumbar spine disability, including residuals of a healed fracture of the second vertebra, is rated at 40 percent effective November 20, 2016. A Total Disability Rating due to Individual Unemployability (TDIU) has been granted since December 21, 2012.

The Board has remanded the cases of service connection for hip disability and low back injury due to new evidence. The earlier effective date claim for asthma remains denied.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine is being remanded due to the need to obtain additional medical records and SSA disability records.

The Board has denied service connection for back and bilateral knee disabilities due to a lack of continuity or recurrent symptoms since separation from active service. Service connection for a psychiatric disability (including PTSD) is remanded due to the need for verification of a claimed stressor.

The Veteran's back disorder and bilateral hearing loss were denied. The Board found no evidence of a nexus between the conditions and service, with the exception that the Veteran had continuous symptoms since service.

The Veteran's cause of death, methadone toxicity by suicide, was found to be related to his in-service back disability and subsequent opiate abuse and dependency. The Board granted service connection for the cause of death but dismissed the claim for dependency and indemnity compensation as DIC benefits have now been awarded.

The Veteran's use of his back brace and right ankle brace for service-connected lumbar spine and right ankle disabilities is found to cause wear on clothing, warranting annual clothing allowances for 2014.

The Board denied service connection for various conditions, including PTSD, due to lack of new and material evidence. The appeals for multiple body traumas, low back disorder, neck disorder, bilateral hearing loss, and vertigo are also remanded.

The Board has reopened the Veteran's claim of service connection for a low back strain condition, but denied the claim as there is no evidence that his current condition is related to his military service.

The Veteran's claim for a higher initial rating for lumbar strain was denied. The disability is currently rated at 10 percent, which is the maximum schedular rating available.

The Board dismissed the Veteran's appeals for service connection and higher disability ratings related to various conditions, including left lower extremity sciatic radiculopathy, left knee chondromalacia and osteoarthritis, and lumbosacral spine degenerative disc disease and IVDS. The issues of service connection for bladder dysfunction and bowel dysfunction secondary to these disabilities were remanded.