Back / lumbar spine decisions — 2018

The Veteran's arthritis of the thoracolumbar spine is granted as service connected due to continuity of symptoms since service separation.

The Veteran's claims for initial compensable ratings for degenerative joint disease of the thoracolumbar spine, left leg shin splints, and right leg shin splints are being remanded due to the need for additional development including new examinations.

The Veteran's claims for increased ratings and TDIU were denied as the Veteran failed to report for necessary VA examinations, which are required for proper evaluation of his service-connected disabilities.

The Board has determined that new VA examinations are needed to assess the current severity of the Veteran's right shoulder, left shoulder, and cervical spine disabilities due to inadequate previous evaluations.

The Veteran's claim for a higher disability rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to insufficient evidence regarding the current severity of his condition.

The Veteran's claim for an annual VA clothing allowance due to the use of orthotic shoe inserts is denied as his service-connected disabilities do not meet the criteria for a qualifying appliance under VA law.

The Board has determined that the Veteran's lumbar myositis is a result of an injury during INACDUTRA, and thus service connection is granted.

The Veteran's lumbar spine disability is rated at 20 percent since September 13, 2017. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's claims for increased ratings for cervical and lumbar spine disabilities have been remanded due to the need for additional examinations.,An effective date of June 9, 2006, but not earlier, has been granted for service connection for a cervical spine disability.

The Veteran's low back disability was rated as 20 percent disabling from April 14, 2009, to February 15, 2010, and October 1, 2010, to October 23, 2011.,From October 24, 2011, the Veteran's disability rating was increased to 60 percent due to incapacitating episodes of IVDS lasting at least six weeks over the past 12 months.

The Veteran withdrew his appeals for nonservice-connected pension and cervical spine disability. The Board dismissed the appeals as a result.

The Veteran's claim for a higher rating of anxiety disorder with depressive features from October 25, 2004 to October 8, 2015 was denied as the evidence did not show that his disability had worsened beyond what is already rated.

The Board granted a 20% rating for the lumbar spine disability prior to July 17, 2014 and a 40% rating thereafter. Separate ratings of 10% were granted for right and left lower extremity radiculopathy effective April 22, 2013.

The Veteran's lumbar spine disability is rated at 60 percent effective August 14, 2011. The right and left lower extremity radiculopathy are each rated at 20 percent beginning August 14, 2012. The right shoulder disability is rated at 30 percent. No rating higher than the current ratings is granted for prostatitis, GERD, or any other conditions.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his claim is denied.

The Veteran's claims are being remanded due to the need for additional development, including obtaining VA treatment records and conducting VA examinations. The issues of service connection for anal hemorrhoids, vaginal bleeding, fibroids, status-post total abdominal hysterectomy, and fistula of bladder are also being remanded.

The Board denied service connection for a low back disability and denied an increased rating for PTSD. The Veteran's low back disability was not shown as chronic in service, did not manifest to a compensable degree within one year after separation from service, and continuity of symptomatology is not established. For PTSD, the evidence does not show deficiencies in most areas that would warrant a 70% rating.

The Veteran's increased ratings for left shoulder dislocation, left and right hand strain, low back strain, bilateral heel contusion, and tinea versicolor are remanded due to the need for VA examinations to assess current severity of these conditions.

The Veteran's PTSD and lumbar spine disability are being remanded for further evaluation as the VA examinations were not conducted. The TDIU claim is also being remanded due to its inextricability with the increased rating claims.

The Board denied service connection for various conditions, including high cholesterol and knee disabilities, due to lack of evidence establishing a current disability or a link between the claimed conditions and service.