Back / lumbar spine decisions — 2018

The Veteran's back disability, skin condition (seborrheic dermatitis), and chronic fatigue syndrome are all granted. The hiatal hernia with GERD is increased to a 10 percent rating.

The Board found that the Veteran's low back disability is not related to his active service and denied service connection. For the period prior to September 26, 2017, the Veteran was granted a 10 percent evaluation for his left knee fracture, tibia and fibula. From September 26, 2017 to present, the maximum available schedular rating (100 percent) for his left knee status post total arthroplasty is assigned.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected degenerative arthritis of the lumbar spine is being remanded due to the need for additional VA treatment records.

The Veteran's service-connected bilateral keratoconus and DDD of the thoracolumbar spine have not been manifested by anatomical loss, vision limited to light perception, or corrected visual acuity of no better than 20/50 in one eye and 20/40 of the other eye. The Veteran's right sciatica is associated with his service-connected DDD of the thoracolumbar spine.

The Veteran has withdrawn their appeal of all issues listed on the title page, including those related to depression, tinnitus, degenerative disc disease (DDD) of the lumbar spine, DDD of the cervical spine, sleep apnea, atrial fibrillation with mild left ventricular hypertrophy, hypertension, right ear hearing loss, and residuals of fractured nose. As a result, the appeal is dismissed.

The Board has granted service connection for a left knee disability, but denied service connection for neck and low back disabilities on the basis that they are not related to service or any service-connected condition.

The Veteran's claims for service connection for nephrolithiasis, prostatitis, and degenerative disease of the lumbar spine have been denied as there is no evidence of a current disability.,His claim for an initial compensable rating for his service-connected prostatitis has also been denied.

The Board denied the Veteran's claim for TDIU based on his service-connected disabilities not preventing him from engaging in some form of substantially gainful employment. The motion argued that the decision was CUE because the Veteran met the schedular criteria for a TDIU, but this is not considered clear and unmistakable error.

The Veteran's TDIU claim is being remanded for additional development, including a new VA examination to assess the severity of his bilateral hearing loss and its impact on employment.

The Veteran's claim for an increased disability rating for herniated nucleus pulposus, with a history of lumbar laminectomy and lumbar myositis is being remanded due to the need for additional development including a VA examination.

The Board found that the Veteran's preexisting low back disability was not aggravated by service, and thus denied his claim for service connection.

The Board has determined that the Veteran's low back and neck disabilities did not have their onset in service, were not manifested to a compensable degree within one year of separation from service, and are not otherwise related to service. Therefore, the claims for service connection for these conditions have been denied.

The Veteran is granted clothing allowances for her bilateral knee braces and back brace due to the wear and tear they cause to her clothes, as determined by the Board after considering the Veteran's personal observations.

The Board has remanded the claims of hearing loss, tinnitus, Meniere's disease, and back disability for additional development. The Veteran is to be provided with an opportunity to identify any relevant medical records and a VA examination will be scheduled if necessary.

The Board denied the Veteran's claims for service connection for back disability and torn aorta status post aortic graft placement as new and material evidence was not presented to reopen these claims.

The Veteran's claim for a compensable rating for bilateral hallux valgus was denied as the evidence did not show severe symptoms equivalent to amputation of the great toe. The Board also remanded issues regarding increased ratings for lumbosacral strain and depressive disorder, and entitlement to TDIU.

The Veteran's claim for service connection for a low back disability was reopened due to the submission of new and material evidence. The claim is granted.

The Board has remanded the claims for additional development due to an inadequate VA examination and issues being inextricably intertwined.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Veteran's claim for service connection for peripheral neuropathy of the left lower extremity is denied. The low back disability has been rated at 20 percent, and the right lower extremity peripheral neuropathy has also been rated at 20 percent. The psychiatric disability has been rated at 50 percent. TDIU has been granted.