Back / lumbar spine decisions — 2022

The Board denied the Veteran's claim for service connection of his lumbar spine disability and granted entitlement to a TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, migraines, and physical impairments of the right shoulder, knees, back, and eyes, render him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU effective November 2, 2015.

The Veteran's trixaicin cream was not used in conjunction with a service-connected skin disability, thus the clothing allowance claim for 2016 is denied.

The Board denied the Veteran's requests for earlier effective dates for various service connection claims, including tinnitus, hearing loss, DMII, a lumbar sprain, left femur fracture, peripheral neuropathy of the bilateral lower extremities (sciatic and femoral nerves), and peripheral neuropathy of the right lower extremity femoral nerve. The Board found that the earliest possible effective dates were May 7, 2013, when the Veteran filed his claims for service connection.

The Board denied service connection for a back disorder, finding that the Veteran's current condition is not causally related to his military service and arthritis did not manifest within one year of separation.

The Board has remanded the claim for additional opinions regarding secondary service connection for left knee arthritis, as new theories of entitlement were presented in a recent appeal. The Veteran's representative noted that his back and right knee problems likely affected his left knee disability.

The Board has remanded the claims for hypertension, testicular hypofunction, cervical degenerative disc disease, right upper extremity cervical radiculopathy, left upper extremity cervical radiculopathy, bronchitis, emphysema, COPD, esophageal disability, and thoracolumbar degenerative disc disease due to conflicting medical opinions.

The Veteran's service-connected disabilities have not rendered him totally unable to obtain and sustain substantially gainful employment from August 16, 2019, to June 1, 2020.

The appeal for service connection of PTSD is dismissed as the Veteran's claim has already been granted. The remaining issues are remanded due to insufficient evidence.

The Veteran's PTSD is granted, and his low back condition and sleep apnea are remanded for further examination and opinion.

The Veteran's chronic lumbosacral strain is currently rated at 40 percent, but the Board finds no evidence of unfavorable ankylosis or functional impairment equivalent to such.,The Veteran's neurogenic bladder condition has been assigned a maximum rating of 60 percent and does not warrant higher ratings.

The Veteran's appeal regarding his initial rating for gastritis, service connection for a bilateral knee condition, and service connection for lumbosacral strain has been dismissed due to the Veteran's request for withdrawal of the appeal.

The Veteran's DDD of the lumbosacral spine is granted a higher evaluation to 40 percent. The evaluations for bilateral lower extremity radiculopathy remain at 10 percent.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine is related to his service and grants service connection for this condition.

The Veteran's claims for financial assistance for specially adapted housing and special home adaptation grant are remanded due to a pre-decisional duty to assist error. The Board finds that the Veteran requires an examination to assess his service-connected disabilities, including back disability and right hip fracture, to determine if he meets the criteria for eligibility.

The Veteran's diabetes mellitus, diabetic retinopathy, hypertension, and related conditions are granted. The Veteran is presumed to have been exposed to herbicide agents during service, which supports his claims for these disabilities.

The Board has decided that the Veteran's claims of entitlement to service connection for bilateral hearing loss, left knee disability, right knee disability, and lumbar spine disability need further development due to errors in obtaining relevant medical records and providing adequate opinions.

The Veteran meets the schedular requirements for a TDIU from May 30, 2014, forward due to his service-connected disabilities. The Board finds that the combined effects of his back disability and other conditions prevent him from securing or following substantially gainful employment.

The Veteran's claim for service connection for a back disability has been reopened, and the Board is remanding it for further examination. The Veteran's claim for service connection for rosacea remains remanded.,VA examinations are needed to determine the nature of the claimed back disability and the current severity of the knee disabilities.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period on appeal prior to May 29, 2015.