Back / lumbar spine decisions — 2019

The Board has granted a 60 percent rating for left leg varicose veins since August 11, 2015. The remaining issues of service connection are remanded due to insufficient evidence and need further examination.

The Veteran's appeal for a higher rating for his service-connected bronchitis and TDIU was denied. The Board found that the Veteran’s disability picture did not more nearly approximate the criteria for an increased rating under Diagnostic Code 6600, and concluded he is unable to secure or follow a substantially gainful occupation due to his migraines and mental health issues.

The Veteran's claimed conditions, including generalized joint and muscle pain, lumbar spine disorder, right elbow lateral and medial epicondylitis, left elbow lateral and medial epicondylitis, right wrist arthritis, left wrist arthritis, and right knee arthritis, were not incurred in service. The Board found no evidence of a chronic condition during service or within one year post-service for most conditions.

The Veteran's service-connected disabilities, including bilateral lower extremity disabilities and several other conditions, have resulted in a combined rating of 100 percent. The Board has granted SMC benefits at the (r)(1) rate based on his need for regular aid and attendance due to his service-connected disabilities. Additionally, the Veteran is eligible for specially adapted housing as he meets the criteria for loss or use of both lower extremities.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment throughout the appeals period, resulting in a grant of TDIU.

The Board has remanded the cases for further development and examination due to inadequate opinions in previous VA examinations.

The Board has dismissed all the issues related to service connection and rating for various conditions as it does not have jurisdiction due to the legacy appeals process.

The Veteran's claims for service connection for a low back disorder and diabetes mellitus were denied due to lack of evidence linking these conditions to his military service. His claim for an initial rating in excess of 50 percent for PTSD was also denied, as the symptoms described did not meet the criteria for a higher rating under VA's General Rating Formula for Mental Disorders.

The Board has determined that new and relevant evidence sufficient to readjudicate the previously denied claim for service connection for bronchitis has been received. The claims for service connection for lumbar spine disorder, left knee disorder, right knee disorder, and sleep apnea are being remanded for further development.

The Veteran's tinnitus is found to be related to his active duty service and a rating of 10 percent has been assigned.,Service connection for allergies, left knee osteoarthritis, and lumbar spine degenerative disc disease have been granted. Service connection for left hamstring condition was denied.

The Veteran's service connection claims for various conditions, including coronary artery disease with coronary bypass graft, other specified trauma and stressor related disorder (PTSD), bilateral hearing loss, tinnitus, lumbar strain, mild muscle weakness in multiple extremities, and embolic stroke residual, were granted effective from March 31, 2016.

The Veteran's appeal for a higher rating for depressive disorder was denied. Service connection for lumbar spondylosis and degenerative osteoarthritis of the bilateral hands were granted, while service connection for PTSD, hearing loss, and lower back pain was denied.

The Veteran's bilateral hearing loss and lumbar spine DDD are granted service connection, but the linear scar is denied. The case for lumbar spine DDD is remanded.

The Board has denied the Veteran's claims for service connection for right elbow condition and low back condition, finding that there is no evidence of a chronic disability during or within one year after service. The Board also found that any current conditions are not related to military service.

The Veteran's appeal is remanded for further development to obtain relevant medical records and determine the appropriate disability ratings and service connection.

The Board denied the Veteran's claims for special monthly compensation based on need for aid and attendance of another person due to service-connected disabilities, as well as housebound status due to service-connected disabilities. The evidence did not establish that the Veteran was in need of regular aid and assistance or permanently housebound solely due to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include a back condition and an acquired psychiatric disorder, including PTSD, anxiety, and depression.

The Veteran withdrew his appeal regarding increased ratings for lumbar spine and right shoulder tendonitis disabilities, as well as earlier effective dates for these conditions. As a result, the Board dismissed the appeal.

The Veteran's claims for service connection for a lumbar spine disability, cervical spine disability, soft tissue sarcoma, and subacute peripheral neuropathy are all granted. The claim for service connection for subacute peripheral neuropathy is denied due to lack of evidence meeting the required presumptive criteria.

The Veteran's claim for service connection for a back disability, OSA as secondary to PTSD, and increased rating for PTSD is remanded due to the need for additional development.