Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative changes of the thoracolumbar spine, is service-connected. The decision is based on a finding that there is a nexus between his in-service complaints and his current diagnosis.

The Veteran has requested to withdraw all of his claims due to receiving a total disability rating based upon unemployability (TDIU). As such, the Board dismisses all issues on appeal.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as his initial rating claims for lower back strain prior to June 4, 2014, lumbar radiculopathy in right lower extremity, and lumbar radiculopathy in left lower extremity. The appeal was based on the Veteran's service connection award but not on a direct service connection claim.

The Veteran's appeal for service connection for bilateral restless leg syndrome has been withdrawn. The remaining issues of service connection for a back disability and sciatica are addressed in the REMAND portion.

The Board has remanded the case for additional development due to outstanding records and need for examinations.

The Board has remanded the case for additional development, including obtaining VA examination reports and medical opinions regarding the Veteran's claimed conditions.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's service-connected post-surgical scarring is found to be painful, warranting a separate rating of 10 percent. The claims for increased ratings for the low back disability and GERD are remanded for further examination and consideration.

The Veteran's appeal is being remanded to obtain additional medical records and for the provision of VA examinations to determine the severity of his service-connected disabilities.

The Veteran is seeking service connection for back, hip, and knee disabilities. The Board has determined that additional records are needed to fully evaluate the claims.

The Board has determined that the Veteran does not have a current left knee disability and service connection is denied. For the lumbar spine disability, the Board finds that there is sufficient evidence to establish a link between the condition and service, thus granting service connection.

The Veteran's appeal is being remanded for further development, including a new VA examination to evaluate the severity of his back condition and determine if he experienced incapacitating episodes in the past year. The SMC at housebound rate claim is also deferred pending resolution of the rating claim.

The Veteran's service-connected disabilities, including his low back and left knee conditions, were not of such severity prior to March 13, 2012, to render him unemployable. Therefore, an earlier effective date for the TDIU is denied.

The Veteran's claim for an annual clothing allowance in 2014 was denied because his knee braces do not qualify as a prosthetic or orthopedic appliance that tends to wear or tear clothing, and the medication used does not cause irreparable damage to outer garments.

The Board has determined that the Veteran's claimed lumbar spine and right knee disabilities are not service-connected, as there is no evidence of a nexus between these conditions and his active duty service.

The Board denied service connection for the Veteran's left knee, right knee, and low back disorders as secondary to his service-connected left ankle disorder. The right ankle disorder was not addressed in this decision.

The Board has granted service connection for various conditions, including lumbar strain, a chronic acquired psychiatric disorder, residuals of prostate cancer, bilateral leg condition, sleep apnea, and headaches. The effective date for these benefits is July 25, 2013.

The Board found that the Veteran's current back diagnoses are more likely caused by cigarette/nicotine use and wear and tear in a repetitive fashion over the years unrelated to service, rather than an in-service injury. As such, the preponderance of evidence is against the claim for service connection.

The Board has remanded the case to determine if the combined effects of the Veteran's service-connected disabilities warrant an extra-schedular disability rating, as the current schedular ratings do not adequately contemplate the collective impact of his conditions.

The Veteran's thoracolumbar spine disability has been rated at 20 percent since October 1, 2004 and increased to 40 percent effective March 30, 2012. The cervical spine disability was also rated at 30 percent as of February 22, 2012.