Back / lumbar spine Board decisions

The Veteran's initial claim for an initial compensable rating for his right breast scar status post-surgical excision right breast gynecomastia was denied. The Board found that the criteria for a higher or separate rating were not more nearly approximated.,The Veteran's earlier effective date claim for his right breast scar status post-surgical excision right breast gynecomastia was denied as there is no evidence of a prior claim within one year of separation from service. The RO granted service connection on the date of receipt of claim, May 22, 2015.,The Veteran's claims for service connection for his right wrist ganglion cyst (claimed as right-hand arthritis), sleep apnea (claimed as a sleep disorder), hypertension, and migraine headaches were all denied. The Board found that new and material evidence was not submitted to reopen these claims.,The Veteran's claim for service connection for an acquired psychiatric condition to include post-traumatic stress disorder and persistent depressive disorder was also denied.

The Board has remanded the case due to deficiencies in the thoracolumbar spine examination and a need for additional records, including private chiropractic treatment records. The Veteran's claim will be reconsidered after these steps are completed.

The Veteran's claims for left-hand disability and acquired psychiatric disability have been reopened. The Board has ordered remand for additional examinations to determine the nature and etiology of his disabilities, as well as whether they are related to service.

The Veteran's service-connected lumbar spine and bilateral wrist disabilities cause his clothing to wear or tear, warranting an annual clothing allowance for 2015.

The Veteran's claims for service connection for low back and right hip disorders have been granted, but a rating in excess of 10 percent for left knee DJD remains denied.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's tinnitus and migraines are granted, with a 50% initial disability rating assigned. Service connection for lumbosacral strain is granted effective February 17, 2012, but the Veteran's claim for higher ratings remains pending. Service connection for PTSD is granted with an initial 70% disability rating and TDIU status from February 17, 2012.

The Board has remanded the issues of entitlement to an effective date other than June 1, 2015 for a disability rating of 10% for a back disorder and earlier than September 7, 2011 for service connection for a neck disorder.

The Veteran's service-connected disabilities have prevented him from securing and following substantially gainful employment, warranting a TDIU. The right lower extremity radiculopathy and degenerative disc disease of the lumbar spine claims are remanded for further development.

The Board has determined that the Veteran's claimed conditions, including a back disability, sleep apnea, skin disability, and an acquired psychiatric disorder, were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's application to reopen the claim of service connection for a traumatic brain injury (TBI) was denied. The rating in excess of 10 percent for musculoligamentous strain/sprain of the lumbar spine was also denied.

The Veteran's claim for service connection has been reopened, and the claims for multiple joint pains, right shoulder disability, back disability, right ankle disability, blindness (including light perception only), migraine headaches associated with TBI, and a disability of the tongue have all been granted. The effective date is not specified as it is prior to March 14, 2016.

The Veteran's chronic lumbar sprain and intervertebral bulging discs are currently rated at 40 percent from August 20, 2013. The claims for increased ratings for left elbow olecranon spur and epicondylitis, asthma, atherosclerotic cardiovascular disease, and gastroesophageal reflux disease (GERD) have been denied.

The Board denied service connection for lumbar spondylosis, osteopenia, and spondylolisthesis as the evidence did not support a finding that these conditions were related to military service.

The Veteran's appeal was dismissed because she did not timely file a notice of disagreement (NOD) with the October 2013 rating decision, which denied service connection for various conditions. The appeal is therefore dismissed.

The Board has remanded the cases due to inadequate VA examinations and further development is required.

The Board has remanded the claims for an initial rating in excess of 20 percent for degenerative disc disease of the lumbar spine and entitlement to a total disability rating based on individual unemployability (TDIU) due to inadequate examinations. A new examination is needed to assess the current severity of the Veteran's lumbar spine disability, including functional impairment during flare-ups and with repetitive use over time.

The Veteran's TDIU claim is being remanded due to the need for additional examinations and consideration of whether a TDIU on an extraschedular basis is warranted.

The Veteran's claims for increased ratings for degenerative disc disease, L5-S1 and major depressive disorder are being remanded due to outstanding SSA records that need to be obtained.

The case is being remanded for further development to address the Veteran's back and left shoulder disabilities, as well as his claims for higher ratings and TDIU. The Veteran will be provided with another VA examination to assess the current nature and severity of his service-connected disabilities.

The Board denied service connection for a left knee disorder and a lumbar spine disorder, finding that the disorders were not incurred or aggravated by service.,A 10 percent rating was also denied for multiple noncompensable service-connected disabilities.