Back / lumbar spine decisions — 2019

The Veteran's right ankle scar is rated at 0 percent, and a higher rating is denied.,PTSD remains rated at 70 percent, with no higher rating granted.,Prior to October 16, 2018, the lumbar spine disability was rated at 20 percent; as of that date, it is rated at 40 percent.,The Veteran's hypertension and erectile dysfunction are not rated higher than 20 percent.,A higher rating for a left eye disability is denied.,Service connection for obstructive sleep apnea, right eye disability, chest disability, and headache disability remains remanded.,Service connection for cervical spine disability, right ankle disability, right knee disability from March 1, 2014 to September 15, 2015, left knee disability, and a temporary 100 percent rating based on surgical treatment for the right knee requiring convalescence are all remanded.,Effective dates prior to specific dates for service connection grants or increased ratings are also remanded.

The Board denied the Veteran's claims for service connection for a back disorder and for TDIU, finding that there was no evidence linking his current disabilities to service. The Board also found that the Veteran did not meet the schedular criteria for TDIU as he had other service-connected disabilities rated at 70% combined.

The Veteran's appeal for service connection of a thoracolumbar spine disability has been withdrawn. Service connection for PTSD and anxiety disorder due to military sexual trauma is granted, but the rating for right knee iliotibial band disorder, right hip limitation of extension associated with right hip strain, limitation of right hip flexion, and right hip limitation of abduction, adduction, and external rotation remains remanded.

The Veteran's lumbar spine disability is rated at 20% prior to March 14, 2011 and denied thereafter. The right knee 'locking and popping' condition is also rated at 20%. The left knee instability conditions are each rated at 10%. No higher ratings are granted.

The Veteran's appeals for service connection for a back disorder, kidney disorder, and basal cell carcinoma have been dismissed. The appeal of an initial rating in excess of 30 percent for Parkinson’s Disease has been remanded.

The Board has granted service connection for spinal stenosis of the lumbar spine and associated peripheral neuropathy of the lower extremities, finding that these conditions are related to the Veteran's in-service injury. The appeal is granted.

The Board has found that there has not been substantial compliance with its prior remand orders and the claims are being returned for further development.

The Veteran's appeal for higher disability ratings for his right and left knee disabilities, as well as a higher rating for his lumbar spine disability with scar, has been denied. The Board found that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

Service connection has been granted for lumbar spine degenerative arthritis and cognitive impairment residual to a traumatic brain injury (TBI).,Remaining issues of entitlement to service connection have been remanded.

The Board has remanded the claims for service connection due to insufficient information regarding the Appellant's periods of active duty for training and inactive duty training. The claims will be reconsidered after obtaining all relevant records.

The Veteran's lumbar spine disability is currently rated at 20 percent and the Board has determined that a higher rating is not warranted.

The Board has remanded the cases for further action due to inextricability between TDIU and DEA benefits, and for consideration of a possible extraschedular TDIU rating prior to April 7, 2010.

The Board has granted service connection for a low back disability and hypertension, but has remanded the cases of bilateral hearing loss and PTSD for further examination.

The Board has remanded the cases for additional development and consideration, including obtaining relevant VA treatment records and providing an adequate medical opinion regarding the Veteran's back disorder.

The Veteran's appeal for service connection on all four issues has been dismissed due to the Veteran requesting a withdrawal of his appeals.

The Board has remanded the Veteran's claims for service connection for a neuropsychological disability, lumbar strain, and bilateral lower extremity radiculopathy due to contaminated water exposure at Camp Lejeune. The AOJ is instructed to schedule examinations to determine the nature and etiology of these disabilities.

The Veteran's back brace causes wear and tear on his clothing, warranting a clothing allowance for the year 2018.

The Veteran's tinnitus is granted as service-connected.,The Veteran's lower back disorder and bilateral knee disabilities are denied as not incurred or aggravated during service.,The Veteran's right knee disability requires further examination due to inadequate previous VA opinions.

The reduction of the rating for lumbar spine degenerative disc disease and degenerative joint disease from 40 percent to 20 percent, effective March 5, 2015, was improper. The 40 percent rating is restored, effective March 5, 2015.

The Veteran's claim for an effective date prior to March 19, 2018, for the award of service connection for chronic lumbar strain is denied as there was no formal or informal claim filed before that date.