Back / lumbar spine decisions — 2018

The Board has remanded the Veteran's claims due to a lack of legal briefs submitted in January 2017 and August 2017. The Veteran’s attorney requested that both briefs be combined into one decision.

The Veteran's claim for service connection for bilateral plantar fasciitis, depressive disorder with anxious distress features, OSA, and lower back condition has been granted. The Veteran's claim for bilateral plantar fasciitis was reopened due to new evidence received since the previous denial in 2009. Service connection is established for these conditions.

The Veteran's claim for service connection for a back disability, to include as secondary to his service-connected bilateral traumatic arthritis of the knees, has been reopened. The Board finds new and material evidence has been received and remands the case for further development and an examination.

The Board denied service connection for sarcoidosis and granted service connection for pseudofolliculitis barbae. Service connection was remanded for the low back disability issue.

The Board has determined that the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy require additional examination to determine the current severity of these conditions.

The Veteran's claims for service connection for tinnitus, allergic rhinitis, and tension headaches have been granted. The Veteran's claim for a heart disorder has been denied. Other issues related to his service-connected conditions or disabilities are being remanded.

The Veteran's claim for service connection for degenerative discopathies, L3-L4 and L4-L5 is denied. The issue of entitlement to an evaluation in excess of 20 percent disabling for his right knee condition is remanded.

The Board has granted service connection for renal cell carcinoma and lumbar spine disability as secondary to renal cell carcinoma, both found to be related to exposure at Camp Lejeune. The decision is based on the presumption of exposure due to contaminated water.

The Board has reopened the claims for service connection for right wrist pain, lumbosacral strain, colds, upper respiratory infections (claimed as sinus disorder), and bunions with hallux valgus deformity, partially compensated flat feet. The claims are being remanded due to a lack of VA examinations addressing these conditions.

The Board has granted service connection for cervical spine, lumbar spine, left foot, chronic fatigue syndrome, and obstructive sleep apnea disabilities. The claims for seizure disorder and blackouts/convulsions have been reopened.,Service connection was also granted for chronic sinusitis and lung cancer.

The Board has granted service connection for tinnitus. The cases of lumbar spine disorder, cervical spine disorder, bilateral foot disorder, bilateral hearing loss, and headaches are remanded due to the need for additional examinations.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder other than PTSD, depressive disorder, and a psychiatric sleep disorder is granted.,Service connection is also granted for the lumbar spine disorder. The Board finds that the evidence is in equipoise as to whether the current lumbar spine disorder is related to the Veteran's in-service low back pain.

The Veteran's back, right knee, and left knee braces did not tend to wear out or tear his clothing, so he is denied annual clothing allowances for the 2015 calendar year.

The Board has decided to remand several claims for increased ratings and earlier effective dates, including those related to the Veteran's back disability, knee disabilities, foot disabilities, migraines, TDIU, and DEA.

The Board has reopened the Veteran's claims for service connection for low back disorder and bilateral knee disorder, but has remanded them due to insufficient evidence. The claim for increased evaluation of left shoulder strain and TDIU is also remanded.

The Veteran's claims for hepatitis B and C, low back disability, sleep apnea, and hematuria have been granted. The heart disability claim is remanded.

The Board has granted service connection for tinnitus but has remanded the remaining claims of low back disability, bilateral shoulder and knee disabilities, and skin disability due to insufficient evidence.

The Board has remanded the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or by reason of being housebound due to a lack of an appropriate VA examination. The examiner must clarify if the Veteran is limited in his ability to bathe and toilet as a result of service-connected disabilities.

The Board denied the Veteran's claims for service connection for fibromyalgia, hypertension, erectile dysfunction, chronic gastritis, flat feet, left foot heel spur, right foot heel spur, bilateral plantar fasciitis, cervical strain with degenerative arthritis, lumbosacral strain, left ankle disability (status post left ankle fracture, status post open reduction internal fixation with degenerative arthritis), right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome. The claims were remanded for additional examinations and to obtain updated VA treatment records.

The Veteran's lumbar spine disability is rated at 40% effective December 1, 2008. The right knee disability remains at a 10% rating.