Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities do not include an undiagnosed illness manifested by joint pain and fatigue, which is the result of disease or injury incurred in or aggravated by active military service.,The criteria for a TDIU based upon service-connected disabilities are not met.

The Board found that the Veteran does not have a current right or left shoulder disability and denied service connection for a cervical spine disorder due to lack of evidence showing chronic symptoms in service, continuity of symptomatology after service, or etiology.

The Board has denied the Veteran's claims for service connection for left ear hearing loss, low back disability, and right ankle disability due to lack of evidence linking these conditions to his active military service.

The Board denied both claims for service connection and an increased rating for the Veteran's lumbar spine disability and shrapnel wound, respectively.

The Veteran's claim for an initial rating in excess of 20 percent for L5-S1 degenerative disc disease was denied by the Board. The criteria for a higher rating were not met as his range of motion did not meet the requirements for a 40% rating, and he did not have incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for increased evaluation of thoracolumbar strain, service connection for right ankle disability and right foot disability, as well as a disability of the right thumb, hand, and wrist were all granted.

The Board has determined that the Veteran's current back disorder and heart disorder are not related to his service, including any in-service low back injury or September 1988 chest pain incident. Therefore, service connection for these conditions is denied.

The Veteran's service-connected lumbar spine disability alone does not prevent him from engaging in substantially gainful employment.

The Veteran's PTSD is currently rated at 70 percent, and the Board has denied an increased rating. The appeal for a TDIU remains pending.

The Veteran's claim for a higher rating for his lumbar degenerative disc disease with spondylosis prior to June 28, 2011 was granted. For the period on and after June 28, 2011, the claim was denied as his range of motion did not meet the criteria for an increased rating.

The Veteran's initial rating for cirrhosis of the liver was granted at a 70 percent level, effective January 8, 2013. The initial rating for multilevel compression fractures of the low back was also granted at a 20 percent level, effective May 16, 2013.

The Board has decided that the issue of service connection for a low back disability is remanded due to insufficient evidence regarding its etiology. The Veteran's medical records do not provide clear evidence on whether his current condition is related to his military service.

The Board has decided that the Veteran's claims for increased ratings for left shoulder disability and back disability, as well as his claim for a total disability rating based on individual unemployability (TDIU), need to be remanded for additional development. The Veteran will receive an SOC regarding his angiodema claim.

The Board has granted service connection for a back disability, finding that the Veteran's knee disabilities caused or aggravated his back issues. The decision is based on the Veteran's lay statements and medical opinions linking his current back problems to his knee conditions.

The Board has remanded the claim for a lumbar spine disability due to inadequate examination reports, and the Veteran should be scheduled for a VA examination to assess the severity of his service-connected degenerative disc disease.

The Board denied service connection for degenerative disc disease of the thoracolumbar spine, bilateral hearing loss, and tinnitus. The Veteran's current conditions are not considered to be related to his military service.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service, and therefore denied the claim for service connection. The issues of low back disability, erectile dysfunction, peripheral neuropathy, acquired psychiatric disorder (including depression and anxiety), and migraines are remanded for further development.

The Veteran's claim for a clothing allowance was denied because the back support issued in 2012 is non-rigid and does not cause damage to her clothes.

The Veteran's service-connected lumbosacral strain with degenerative disc disease requires a back brace that causes wear and tear on his clothing, leading to the award of an annual clothing allowance for the year 2014.

The Board has remanded the issues of service connection for sleep apnea and hypertension, as well as increased ratings for other conditions. Additional development is needed to obtain complete STRs and SPRs, conduct a VA examination, and provide the Veteran with an SOC.