Back / lumbar spine decisions — 2018

The Board has granted an effective date of July 25, 2007 for the assignment of a TDIU due to the Veteran's service-connected disabilities.

The Veteran's claim for an initial evaluation in excess of 10 percent for her right hip disability was denied. Her claims for TDIU, service connection for a lumbar spine disability, and service connection for fibromyalgia were also denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with a new examination to assess his service-connected lumbar spine disability. The Veteran may also be provided with an examination to determine whether he has PTSD or another psychiatric disorder related to military service.

The Board has denied service connection for bilateral knee strain and reopened the claim for service connection of a back condition, but found that new evidence does not establish a direct link between the current conditions and military service.

The Veteran's claims for increased ratings and an earlier effective date were denied. The Board found that the PTSD claim was not properly before the Board due to a procedural issue, and remanded the low back and iatrogenic hypothyroidism claims.

The Board has determined that the Veteran's current back disability, diagnosed as arthritis, is not related to his service and therefore denied his claim for service connection.

The Board has decided to remand the case for additional development, including obtaining medical records and providing an addendum examination.

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy are rated at 20 percent disabling as of August 15, 2014. The Board finds that the Veteran's lumbar spine disability most closely approximates the criteria for a 40 percent rating but no higher.

The Board has determined that the VA examinations are inadequate and remands the case for further development, including a new VA examination to determine the nature and etiology of the Veteran's claimed cervical spine, lumbar spine, and left leg disabilities.

The Veteran's appeal is being remanded for additional development, including new examinations to assess the severity of his PTSD and the nature and etiology of his claimed back, right knee, and left shoulder disabilities.

The Board has determined that the Veteran's back disability is service-connected, as it was incurred during his active duty service.

The Veteran's claim for an annual clothing allowance due to the use of a back brace in 2014 is denied as the brace does not qualify under VA regulations.

The Veteran's appeal for service connection for PTSD has been withdrawn. The Board is unable to proceed with the remaining claims due to the inextricably intertwined nature of the issues.

The Veteran's claim for TDIU is being remanded due to new evidence, including a VA examination and treatment records. The AOJ will consider this evidence in their next review of the case.

The Board has determined that the Veteran's preexisting lumbar scoliosis was aggravated by service, warranting service connection for degenerative disc disease of the lumbar spine.

The Veteran's appeal is being remanded for additional examinations and development of her claims, including a TDIU claim. The AOJ will also obtain any outstanding records and provide the Veteran with current VA examinations to assess her lumbar spine and left knee disabilities.

The Board denied the Veteran's claims for earlier effective dates for his service-connected back disability and tinnitus, finding that the RO relied on STRs associated with the file after initial denials to grant service connection. The Board also found no evidence of tinnitus prior to June 19, 2014.

The Veteran's claim for an annual clothing allowance in 2014 is being remanded due to the need for additional development, including obtaining updated VA and private records, as well as arranging a medical examination.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Board has determined that there is not sufficient evidence to establish a connection between the Veteran's current lumbosacral spine disability and his military service, including an in-service injury or event. The claim for service connection is therefore denied.