Back / lumbar spine decisions — 2018

The Board has reopened the claim of service connection for a right knee condition and finds that new and material evidence has been received. The Veteran's right knee disability is found to be related to his military service.

The Veteran's degenerative joint disease of the thoracolumbar spine was not found to meet or approximate the criteria for a higher evaluation prior to November 10, 2015.

The Veteran's right ankle disability was found to have moderate limitation of motion, warranting a 10% rating. The Board determined that the evidence did not support an increase in the rating.

The Veteran's claims for increased ratings and service connection have been reopened, but the evidence does not support a higher rating or service connection for any of his claimed conditions.

The Board dismissed the Veteran's appeals for earlier effective dates and service connection claims due to procedural issues, as well as denied his claim of a reduction in PTSD rating. The appeal was not addressed further.

The Veteran's claim for a compensable rating for his service-connected degenerative joint disease of the lumbar spine is being remanded due to inadequate examination and procedural issues.

The Board has determined that the Veteran's current low back and cervical spine conditions are not related to service, but his bilateral hearing loss is presumed due to in-service noise exposure. The Veteran also meets the criteria for a diagnosis of ischemic heart disease.,Service connection is granted for ischemic heart disease.

The Veteran's service-connected left knee instability has been granted a 30% rating for the entire period on appeal.,The Veteran's service-connected depressive disorder has resulted in total occupational and social impairment, warranting a 100% disability rating.

The Veteran's claims for increased ratings for cervical strain and low back disability, as well as his claim for TDIU based on these disabilities, are being remanded due to the need for additional development including a new VA examination.

The Veteran's low back disorder and acquired psychiatric disorder were not incurred in or aggravated by service. The Board found the evidence did not support a nexus between current disabilities and service.

The Board has determined that additional development is needed before the issues on appeal can be adjudicated, including obtaining SSA records and another VA medical examination.

The Board has determined that additional development is necessary and the case is being remanded for further action.

The Board found that the July 27, 2013 rating decision denying service connection for PTSD with anxiety, hypertension, heart attack, back condition, left leg pain, and diabetes did not contain clear and unmistakable error.

The Veteran's neck and right wrist disabilities are found to be related to service, with reasonable doubt resolved in his favor.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants TDIU.

The Veteran's appeal has been withdrawn due to his request. As a result, the Board does not have jurisdiction to review the appeal and it is dismissed.

The Veteran's clothing allowance for the year 2016 is granted due to his service-connected low back disability causing damage to his clothing.

The Veteran's major depressive disorder is characterized by occupational and social impairment with reduced reliability and productivity. He was granted a 50% rating effective January 2016.,Prior to September 21, 2015, the Veteran's degenerative disc disease of the lumbosacral spine was not characterized by unfavorable ankylosis. From September 21, 2015, his condition has been characterized as having unfavorable ankylosis and he is now rated at 50% effective January 2016.,Prior to December 4, 2015, the Veteran's left lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.,Prior to December 4, 2015, the Veteran's right lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.

The Board has determined that the effective dates for the grants of service connection for radiculopathy of the right and left lower extremities are September 24, 2009.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person, nor does he have a single service-connected disability rated at 100% that would qualify for SMC based on housebound status. Therefore, his claim for SMC is denied.