Back / lumbar spine decisions — 2019

The Veteran's service connection claims for degenerative disc disease of the cervical spine with scoliosis, degenerative disc disease of the thoracolumbar spine with spinal stenosis, and right leg sciatica have been granted. The claim for left leg disability is being remanded.

The Veteran's bruxism (teeth clenching) is granted service connection. The right shoulder condition, lower back condition, and high cholesterol are denied as not related to his active duty military service.

The Board has decided that the Veteran's back disability may be related to service, but more evidence is needed before a final decision can be made.

The petition to reopen the claims for service connection for PTSD, bipolar disorder with alcohol dependence, left knee disability, right knee disability, lumbar spine DDD, left ankle condition, and right ankle condition is granted. The Board found new and material evidence in some of these cases.

The Board has remanded the cases due to issues not being addressed as per previous directives and a typographical error in addressing the appellant's letter.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's back disability. A new VA examination is needed.

The Board has granted service connection for chronic kidney disease, migraine headaches, bilateral upper extremity peripheral neuropathy, and bilateral lower extremity peripheral neuropathy as secondary to the Veteran's service-connected diabetes. Service connection for low back disability was denied. The Veteran's diabetes is currently rated at 20 percent.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions.

The Board denied service connection for lumbar spine disability, right knee disability, residuals of a concussion or brain disease due to trauma, and left arm nerve damage as the evidence did not support their onset during active service.

The Board denied service connection for a lumbar spine disability, finding that the evidence does not support a link between the condition and active military service.

The Veteran's initial claim for left rotator cuff syndrome was granted with a noncompensable rating, and the appeal is now resolved in his favor.,For cervical spine degenerative disc disease from October 1, 2013 to February 1, 2017, the Veteran received an initial compensable rating of 10 percent. The claim for a higher rating remains pending.,From February 2, 2017 onwards, the Veteran's cervical spine degenerative disc disease is rated at 10 percent and his appeal for a higher rating continues.,The Veteran was granted an initial compensable rating of 10 percent for degenerative changes of the thoracolumbar spine from October 1, 2013 to February 1, 2017. The claim for a higher rating remains pending.,From February 2, 2017 onwards, the Veteran's degenerative changes of the thoracolumbar spine is rated at 10 percent and his appeal for a higher rating continues.

The Veteran's left and right knee disabilities are not service-connected as separate conditions, with the symptoms attributed to his service-connected fibromyalgia.,The Veteran's shin splints (leg pain) is not service-connected as a separate condition. The current symptomatology is associated with his service-connected fibromyalgia.

The Board has determined that the effective date for the grant of a separate 10 percent rating for cranial nerve VII due to Frey Syndrome should not be earlier than March 2, 2015. The Veteran's claims for service connection and higher ratings are remanded for further development.

The Board has remanded the Veteran's claims for increased ratings for his service-connected right knee and lumbar spine disabilities due to inadequate examination reports. The Veteran will need to undergo additional VA examinations to determine the current severity of these conditions.

The Veteran's service-connected lumbar spine disability necessitates the use of a low back brace, which tends to wear or tear his shirts. The Board finds that an annual VA clothing allowance for the year 2015 is warranted due to this issue.

The Veteran's claim for an increased rating for degenerative disc disease (DDD) status post laminectomy L3, L4, and L5 with history of fractures in the lumbar spine was denied as his disability picture does not meet the criteria for a higher rating.

The Veteran's claims for service connection for back, left knee, and right knee disabilities have been remanded. His claim for tinnitus has been granted.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claims for service connection for a cervical spine disorder and lumbar spine degenerative disc disease. The AOJ is instructed to conduct a de novo review of these claims.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence received since the February 2001 rating decision. The Veteran's current diagnosis of osteoarthritis in the thoracolumbar spine is considered new and material.,For his right ankle disability, the Board finds that the Veteran has not provided competent medical evidence linking his current condition to service. He underwent a VA examination which found no chronic residuals from an ankle sprain during service.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and providing VA examinations to address the nature and etiology of his claimed conditions.