Back / lumbar spine decisions — 2019

The Board has determined that new examinations are needed for the Veteran's cervical spine, lumbar spine, and bilateral knee disabilities due to functional loss not being described in terms of range of motion. The TDIU issue is also remanded.

The Board denied the Veteran's claim for service connection of a back disability, including degenerative disc disease, tardive dyskinesia, and spinal stenosis with trouble walking, finding that there was no credible evidence to support an in-service onset or causation.

The Board denied the Veteran's claims for clothing allowances related to topical cream, TENS unit, and knee braces used for service-connected conditions. The decision was based on the lack of evidence supporting these claims under VA regulations.

The Veteran's PTSD is rated at 70 percent, and the Board finds no evidence of total occupational and social impairment.,The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities.

The Veteran's low back condition is granted service connection. The left knee condition claim is remanded for further development.

The Board has determined that the Veteran's service-connected back disability does not prevent him from securing and following a substantially gainful occupation, as his other disabilities do not render him unable to work. The TDIU claim is denied.

The Board denied service connection for low back disability, bilateral hearing loss, and obstructive sleep apnea. Service connection was granted for bilateral hearing loss. The Board also denied service connection for left leg sciatica.

The Board has remanded the cases for additional development to obtain medical records and for a VA examination to determine if the Veteran's current spine, left knee, and right knee conditions are related to service.

The Board has remanded the Veteran's claims for increased ratings and service connection due to new evidence or changes in her disability status.

The Veteran's claims for service connection were granted, but the right foot disability claim was dismissed due to withdrawal. The Board also remanded cases regarding bilateral leg disabilities and back disability.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions regarding his lumbar spine, left knee, and GERD conditions. The TDIU claim is also being remanded.

The Veteran's lumbar spine disability is rated at 20 percent, effective May 10, 2018. The Board has found that the evidence does not support a higher rating and has remanded for further development.

The Veteran's service connection for major depressive disorder is granted. The issues of initial rating in excess of 30 percent for PTSD, and initial ratings in excess of 10 percent for lumbar stenosis prior to January 31, 2018; and a rating in excess of 20 percent thereafter are remanded.

The appeals for service connection for diabetes and a cardiac disorder are dismissed. Service connection for sleep apnea is granted, but the Veteran's TDIU appeal remains pending.

The Board dismissed the appeals for increased ratings for GERD and a lumbosacral spine disability due to the Veteran's withdrawal of those appeals prior to the promulgation of a decision.

The Veteran's claims for service connection for right ear hearing loss, erectile dysfunction, traumatic brain injury (TBI), and depression were denied. The Veteran was granted a 10 percent rating for lumbar disc degeneration status post fusion, left knee patellofemoral syndrome, and right knee patellofemoral syndrome. The Veteran's claims for initial ratings in excess of 10 percent for tinnitus, disability ratings in excess of 50 percent for sleep apnea with insomnia, and disability ratings in excess of 10 percent for hypertension were denied.,The Veteran was not granted service connection for right ear hearing loss or erectile dysfunction. The Board found that the evidence did not support a finding that these conditions are related to his military service.

The Board has remanded the case for a new VA examination to determine the current severity of the Veteran's service-connected low back disability. The effective date claim for radiculopathy is denied.

The Board denied the Veteran's claims of service connection for low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and right shoulder disability due to a lack of credible evidence supporting these conditions as being related to military service.

Service connection for major depressive disorder has been restored effective January 1, 2018.,The claims of service connection for back disability and right knee disability are still pending and will be remanded.

The Board has found that an earlier effective date for the increased ratings of low back and neck disabilities is not warranted, as there was no ascertainable increase in disability prior to March 29, 2017. The case is now REMANDED due to the Veteran's failure to receive a Statement of the Case regarding his claims.