Back / lumbar spine decisions — 2018

The Veteran's claims for increased ratings for his service-connected low back disability and associated radiculopathies are being remanded due to the need for additional development, including obtaining medical records and providing a new VA examination.

The Board denied the Veteran's claims for service connection for his right knee disability and increased rating for left knee chondromalacia. The claim for service connection of a low back disability is remanded.

The Board has reopened the claim of service connection for a low back disability and remanded the claims for service connection for irregular menstrual cycles due to new evidence submitted by the Veteran.

The Board has granted service connection for the Veteran's lumbar spine, right hip, left knee, right knee, left ankle, right ankle, and left foot disabilities as they are at least as likely as not due to his active service.

The Board has reopened the Veteran's claims for low back, left knee, bilateral hip, and bilateral wrist conditions due to new evidence received since the previous denial decisions. The cases are now remanded for further examination and opinion regarding service connection.

The Board has dismissed the appeals for alcohol and drug dependency, bipolar disorder, and schizophrenia. The Veteran's claims of service connection for PTSD, lower back disability, bilateral hearing loss, and tinnitus have been reopened due to new evidence received since previous denials. However, the Board finds that there is no competent evidence linking these conditions to service or post-service treatment.

The Veteran's appeal is being remanded due to issues with the reduction in rating for his service-connected back disability. The increased rating claim and the issue regarding the reduction are intertwined and need to be addressed separately.

The Board has determined that the Veteran's left ankle disability is due to an in-service injury and grants service connection for this condition. The cervical spine and lumbar spine disabilities are less likely than not related to active service.

The Board has granted service connection for COPD and found that the Veteran's combined rating is at least 70%, meeting the criteria for a TDIU. The Veteran's service-connected disabilities, including COPD, anxiety disorder, sinusitis, left hip strain, bilateral hearing loss, lumbosacral strain, and hiatal hernia, are deemed to preclude his participation in substantially gainful employment.

The Veteran's bilateral hearing loss and tinnitus were not shown to be related to service, and the Board finds that they did not manifest during or within a presumptive period. The low back disability was first noted decades after service.,Service connection for the Veteran's low back disability is denied as there is no evidence of an in-service injury or disease, and the preponderance of the evidence does not support a finding that any current low back disability is related to service.

The Board has granted a 40 percent disability rating for the Veteran's service-connected lumbar spondylosis since May 13, 2014. The effective date of this increase in rating is set as May 13, 2014. However, the claim for TDIU remains denied.

The Veteran's claim for TDIU was denied as his service-connected disabilities did not meet the schedular criteria prior to January 5, 2011. Effective from that date, he met the schedular criteria for TDIU.

The Board has determined that the Veteran's current right fifth finger fracture residuals are not related to service, and thus denied his claim for service connection.

The Veteran's PTSD with major depressive disorder is rated at 70 percent since March 12, 2015 and prior to that time was rated at 50 percent. The Veteran's degenerative joint disease of the lumbar spine with IVDS has been rated at 20 percent.,The Veteran's PTSD with major depressive disorder is rated at 70 percent since March 12, 2015 and prior to that time was rated at 50 percent. The Veteran's degenerative joint disease of the lumbar spine with IVDS has been rated at 20 percent.

The Veteran's right knee disability has been granted a rating of 20 percent for instability and limitation of motion, effective from September 29, 2012 to October 19, 2014. The claim remains pending as the RO did not grant the requested higher ratings.

The Veteran's claims for service connection for tinnitus, back disability, neck disability, bilateral shoulder disability, and acquired psychiatric disability (PTSD) were denied. The hearing loss claim was granted with a compensable rating.

The Board has determined that the Veteran does not have a current neck or back disability and finds no evidence to support service connection for either condition. The claim is denied.

The Veteran's appeal for increased ratings was dismissed as he withdrew his claim for an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine. The issue of a compensable rating for radiculopathy of the right lower extremity prior to February 25, 2014 is remanded.

The Veteran's appeal is denied as his claims for higher ratings are not supported by the evidence of record. The VA examinations and treatment records do not provide sufficient information to support a rating in excess of the current assigned ratings.

The Veteran is seeking compensation benefits under 38 U.S.C. � 1151 for injuries sustained in a motor vehicle accident while being transported to and from his VA-provided CWT program. The Board finds that further development, including obtaining information about the Veteran's participation in the CWT program and the van involved in the accident, is needed before deciding these claims.