Back / lumbar spine decisions — 2019

The Veteran's claims for increased ratings for cervical spine degenerative disc disease, left knee tendonitis status post cruciate ligament repair, and left ankle disability status post ligament repair have been denied. The evidence did not show the required functional loss or ankylosis to warrant higher ratings.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's low back disability and his military service.

The Board has granted clothing allowances for the Veteran's back brace and ankle brace in 2015, but denied a clothing allowance for the topical pain medication lidocaine.

The Board denied the Veteran's claims for service connection for a back disability, migraines, bilateral hearing loss, and a psychiatric disorder (anxiety), finding that there was no evidence of current disabilities or in-service incidents, injuries, or illnesses related to these conditions.

The Board has decided to remand the Veteran's claims for service connection due to a lack of recent VA examinations and outstanding medical records. The Veteran is seeking service connection for back, eye, and bilateral hearing loss conditions.

The Board has remanded the claim for a disability evaluation in excess of 10 percent prior to March 18, 2014 for service-connected lumbar degenerative disc disease, L4-5 due to inadequate VA examinations from December 2008 and December 2009. The Veteran is required to provide additional evidence regarding the severity of her disability during the period prior to March 18, 2014.

The Veteran's claims for service connection for migraines, bipolar disorder, and anxiety were denied. The claim for dizziness was remanded.,Service connection for migraines and bipolar disorder was granted with an effective date of October 8, 2013.

The Board has denied the Veteran's claims for service connection for lumbar spine disorder, cervical spine disorder, and obstructive sleep apnea as secondary to service-connected allergic rhinitis. The case is remanded for further development.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities. The claims will be further evaluated based on the current medical and lay evidence.

The Veteran's claims for increased ratings and TDIU were granted, with some issues being resolved in his favor. His cervical spine disability was rated at 10 percent from August 15, 2013 to June 20, 2016, and at 70 percent after March 23, 2015. His lumbar spine disability was also rated at 10 percent for the same period. The Veteran's major depressive disorder received a rating of 70 percent from August 15, 2013 to March 23, 2015, and a 100 percent rating after that date. TDIU was granted prior to March 23, 2015, but dismissed on or after that date.

The Veteran's claims for service connection for a back condition and an increased rating for PTSD with MDD and anxious distress were denied. The claim for service connection was not reopened, while the increased rating claim was denied.

The Veteran's cervical spine disability was not shown in service and did not manifest to a compensable degree within the applicable presumptive period. The Board found that his current condition is not related to an injury or disease incurred in service, but rather due to a waterskiing accident many years after separation.

The Veteran's service-connected lumbar degenerative disc and joint disease, as well as bilateral lower extremity radiculopathy, do not meet the schedular requirements for a total disability rating due to individual unemployability. However, given that he was granted Social Security benefits based on his back conditions, the Board has remanded the case for further consideration of an extraschedular award of individual unemployability benefits.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability. The left ankle and left shoulder conditions are remanded for further development.

The Board is requesting a new medical opinion to determine if the Veteran's service-connected bilateral knee patellofemoral pain syndrome has aggravated his lumbar spine condition.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's lumbar spine disorder is related to his active duty service.

The Veteran withdrew his claim for a back disorder, and the appeal is dismissed.

The Veteran's bilateral hammer toes with tyloma (callus) formation is attributable to his active service. The Board finds that an opinion that a condition is not related to service for no other reason than because the condition was not diagnosed in service is contrary to governing evidentiary standards. Therefore, the Board finds that the February 2016 VA medical opinion has less probative weight.

The Board has denied service connection for left knee tenosynovitis and remanded the claims for lumbosacral (back) disability, cervical (neck) disability, and bilateral hearing loss due to lack of nexus between current conditions and active service.

The Board denied the Veteran's claims for service connection for a low back disability and an initial rating in excess of 30 percent for chronic sinusitis. The evidence did not support granting either claim.