Back / lumbar spine decisions — 2018

The Veteran's appeal of the disability rating for mild TMJ and DDD of the lumbar spine has been dismissed as he withdrew his appeal prior to a decision being made.

The Veteran withdrew his appeal in December 2017, resulting in the dismissal of this case.

The Veteran's appeal for increased ratings was denied. The Board found that the evidence did not support a rating in excess of 10 percent for her lower back disorder, bilateral hearing loss, or tinnitus.

The Veteran's claims for increased ratings for tinnitus and bilateral hearing loss, as well as his claim of service connection for a lumbar spine disorder and major depressive disorder have been denied. The issue of reopening the claim for major depressive disorder has also been addressed.

The Veteran does not meet the criteria for specially adapted housing or a special home adaptation grant due to his service-connected disabilities.

The Board has determined that the Veteran's cervical spine, left upper extremity radiculopathy, and left hand radiculopathy are related to his service as a Naval Aviator. The lumbar spine disorder is not shown during service or within one year of separation, but is considered a natural progression of biomechanical injuries incurred in service.

The Board found that the Veteran's lumbar spine disability, which included S1 ankylosis, did not warrant a rating in excess of 20 percent due to limited range of motion and pain. The disability was currently rated as 20 percent disabling.

The Board has determined that the Veteran's bilateral athlete's foot, prostate cancer, PTSD, left knee disability, right knee disability, and low back disability are all service-connected. The diabetes mellitus claim is denied.

The Veteran withdrew his claims for service connection for a left hip disability and reopening a previously denied claim for service connection for a low back disability.

The Board has determined that the Veteran's current low back disabilities, including lumbar spondylosis and degenerative joint disease of the lumbar spine, began during his military service. The medical evidence supports a finding that these conditions are directly related to his active duty.

The Veteran's major depressive disorder with generalized anxiety disorder is service-connected, and his sleep apnea is secondary to this condition. The Board finds no evidence of asbestos exposure or other conditions related to service.

The Board has determined that the Veteran's right knee and low back disabilities were aggravated by service, thus granting service connection for these conditions.

The Veteran's service-connected metatarsalgia and ankle disabilities are alleged to have caused or aggravated his lumbar spine, right knee, left knee, and cervical spine disorders. The Board is remanded for a new examination and opinion.

The appeal is REMANDED to the AOJ for further development and consideration of the Veteran's claims.

The Veteran's claims for a right ankle disability and an increased rating for his low back disability have been denied. The Board found no evidence of a separate right ankle disability, and the current manifestations of the low back disability do not warrant higher ratings.

The Veteran's low back disability was not service-connected, and the Board denied a rating in excess of 20 percent for his low back disability from February 28, 2008 to July 2, 2010. The issue of entitlement to TDIU due to service-connected disabilities remains on appeal.

The Board has denied the Veteran's claims for service connection for a lower back disability and a bilateral leg disability, finding that there is no evidence of an in-service injury or disease related to these conditions. The Veteran's current disabilities are not considered service-connected.

The Board found that the Veteran's claimed bilateral loss of vision is not related to service and denied his claim.

The Veteran's claim for an increased rating for his service-connected lumbar spine disorder has been granted, with a 40 percent evaluation effective August 24, 2017.

The Board denied all increased rating claims for the Veteran's service-connected conditions, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.