Back / lumbar spine decisions — 2020

The Veteran's claim for a clothing allowance due to use of custom insoles/sling supports was denied as shoes are not classified as articles of 'clothing' that can be damaged by wear and tear for purposes of a VA clothing allowance.

The Board has denied the Veteran's claims for service connection for low back disorder, right hip disorder, left knee disorder, and obstructive sleep apnea. The evidence does not support a finding that any of these conditions are related to service or a service-connected disability.,Specifically, the VA examiners found no nexus between the Veteran’s current diagnoses and her military service.

The Veteran's lumbar spine disability was granted a rating of 40 percent, effective from November 7, 2017. The Board also reopened his service connection claim for bilateral knee disability and remanded it for further action.

The Board granted a 40 percent rating for service-connected DDD of the lumbar spine effective from November 22, 2012. The Veteran's attorney argued that an earlier effective date was warranted based on constant flare-ups and hospitalizations.

The Board has remanded the Veteran's claims for additional development due to missing VA examinations. The issues include rating increases and TDIU.

The Veteran's service connection claims for multiple disabilities were denied, and the effective dates assigned are not earlier than February 27, 2017.,VA did not grant an earlier effective date for SMC at the housebound rate as the Veteran did not have a single service-connected disability rated at 100% prior to February 27, 2017.

The Board has determined that an effective date earlier than October 24, 2013 for the award of service connection for right lower extremity radiculopathy is denied. The Veteran's claim seeking an earlier effective date is not warranted as there was no clinical diagnosis of radiculopathy prior to October 24, 2013.

The Board has granted service connection for lumbar spine degenerative disc disease and right leg sciatica, as secondary to the lumbar spine condition. Service connection for papillary thyroid cancer is remanded.

The Veteran's hypertension, back disorder, skin rash in anal area, allergies, and prostate disorder were not incurred or aggravated by his military service.,There is no evidence of these conditions during the Veteran's active duty.

The Board has remanded the case due to inadequate examination reports and the need for additional development, including obtaining updated treatment records and scheduling a VA examination.

The appeal for service connection and rating of the Veteran's back, right knee, and left eye disabilities is remanded due to new evidence submitted since the last denial. The temporary total evaluation claim will be addressed after resolving the service connection issues.

The Veteran's claims for service connection for low back, right ankle, and right knee disabilities have been granted. The right knee disability was denied due to lack of in-service injury or disease. The low back and right ankle disabilities were reopened based on new evidence.

The Board denied service connection for chronic kidney disease and dismissed all increased rating claims for DJD in the shoulders, knees, and lumbar spine.

The Veteran's claims for increased ratings for his left knee, right knee, and lumbar spine disabilities have been denied. The effective dates of the granted benefits are specified.

The Veteran's mechanical low back pain with scoliosis was found to not meet the criteria for a higher rating prior to August 12, 2019 and after that date did not warrant a rating in excess of 20 percent.

The Board has remanded the Veteran's claims of service connection for left knee and lumbar spine conditions due to insufficient evidence regarding their etiology. The claims are being returned for further examination and opinion.

The appeal for service connection for bilateral dry eye syndrome is dismissed as the benefit sought has been fully granted.,Service connection for a back disability is denied due to lack of evidence linking current symptoms to military service.,Headaches are not rated higher than zero percent, as they do not meet criteria for more severe ratings based on frequency and severity.,Right knee osteoarthritis prior to July 24, 2015 is granted a staged initial rating of 10 percent.,Right knee osteoarthritis from July 24, 2015 onwards is denied as the current symptoms do not warrant higher ratings based on severity and limitation of motion.,Bilateral hearing loss does not meet criteria for compensable ratings.,Sinusitis is not rated higher than zero percent due to lack of evidence of incapacitating episodes.

The Board denied the Veteran's claim for service connection for a low back disability, finding that new evidence did not establish a link between his current condition and his in-service diving accident. The Board also found no other basis to grant service connection.

The Board dismissed the Veteran's appeal of his right ankle disability as he explicitly withdrew it during a hearing. The cases for lumbar spine, bilateral knee, and obstructive sleep apnea disabilities are remanded.

The Veteran's claims for bilateral hearing loss and tinnitus have been denied as there is no evidence of current disability.,The Veteran's claims for a right arm disorder, lumbar spine disorder, right foot disorder, left foot disorder, and right leg disorder are remanded due to the need for further development.