Back / lumbar spine decisions — 2018

The Board has denied the Veteran's claims for service connection for low back and right ankle disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Board finds that the appellant's current thoracolumbar disability, including degenerative disc disease and degenerative joint disease of the L5-S1 vertebrae with radicular pain, is directly related to his in-service motor vehicle accident. Therefore, service connection for this condition is granted.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's skin disability of the feet, claimed as tinea pedis, is found to be etiologically related to his active duty service and granted service connection.

The Board denied the Veteran's claims for a disability rating greater than 60 percent for his lumbosacral spine disability and for a TDIU due exclusively to this disability. The issues of whether new and material evidence has been received to reopen previously denied claims of service connection for a bilateral thumb disability and fibrositis in multiple joints were also addressed, but the Veteran's requests to reopen these claims were not granted.

The Veteran's claims for higher evaluations and a total disability rating were denied. The Board found that the effective date for service connection of degenerative changes to both knees with fibromyalgia should be March 26, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his lumbar spine disability and migraine headaches.

The Veteran's appeal is being remanded for additional development, including obtaining service records and VA treatment records, as well as scheduling the Veteran for a VA examination to address his claims of entitlement to service connection for bilateral knee disabilities and lumbar spine disability.

The Veteran's claim for service connection of a psychiatric disability has been reopened. The Board finds that the Veteran has a cervical spine disability secondary to his service-connected low back disability and grants this claim. However, further examination is needed to determine appropriate ratings for other disabilities.

The Veteran's claims for increased evaluations of his service-connected lumbar spine degenerative disc disease and spondylosis, Osgood-Schlatter's disease and osteoarthritis, left knee, and incomplete paralysis of the sciatic nerve, left lower extremity radiculopathy are being remanded to obtain additional medical examinations and opinions.

The Veteran withdrew his appeals regarding the increased rating claims for left shoulder disability, right shoulder disability, cervical spine disability, lumbar spine disability, and tinnitus. He also withdrew his service connection claim for fibromyalgia.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder injury (claimed as bilateral shoulder injury/pain), left shoulder injury (claimed as bilateral shoulder injury/pain), right leg injury (claimed as bilateral leg injury/pain), and left leg injury (claimed as bilateral leg injury/pain). The Veteran has not appealed these decisions.

The Veteran's lumbar and left knee degenerative joint diseases were not found to warrant higher initial ratings, with the exception of a 20% rating for lumbar degenerative joint disease from October 28, 2009 through March 26, 2012.

The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran withdrew his appeals.,TDIU effective date has been granted from September 27, 2010.

The Veteran's TDIU claim is being remanded for a combined effects medical opinion that takes into account the current severity of all his service-connected disabilities, including his gastric disability and back disability.

The Board has granted a rating of 70 percent for PTSD prior to May 1, 2016 and found that the Veteran's symptoms more closely approximated occupational and social impairment with deficiencies in thinking and mood.

The Board found that the Veteran's current low back disability did not manifest during or as a result of his military service and therefore denied his claim for service connection.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are related to his service, and thus grants these claims.

The Board found that the Veteran's lumbar spine condition and sinusitis are not service-connected. The Veteran's lumbar spine condition was determined to be less likely related to service, while his sinusitis was not linked to mustard gas exposure.

The Board found that the withholding of compensation benefits to recoup disability severance pay in the amount of $6,392.00 was proper and denied the Veteran's appeal.