Back / lumbar spine decisions — 2018

The Board denied service connection for a lumbar spine disorder, finding that the evidence did not support a link between the condition and active service.,The Board also denied service connection for chronic sinusitis, concluding that there was no evidence of chronicity of care from service.

The Veteran's claim to reopen service connection for a left leg/knee disability was denied due to lack of new and material evidence. The claim for an increased rating for lumbar strain disability was also denied as the evidence did not show any additional functional loss or limitation beyond what is already covered by the current 10 percent rating.

The Board has granted service connection for degenerative disc disease of the cervical spine, finding that there is at least an even balance of evidence to support a nexus between the Veteran's current condition and his in-service injury. The decision resolves reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim for an earlier effective date for TDIU on an extraschedular basis, finding that he did not meet the percentage standards for a schedular TDIU prior to October 4, 2001.

The Board has granted service connection for a right leg disability and a low back disorder, finding that the Veteran's current disabilities are related to his military service. The right leg disability is due to pre-existing injury aggravated by service, while the low back disorder is secondary to the right leg disability.

The Board denied service connection for cervical spine and low back disorders, finding that the preponderance of evidence is against the Veteran's claims.

The Veteran's back disability is currently rated at 40 percent, but the Board has decided to remand the case for a new examination due to changes in his condition over time.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequacies in previous VA examinations. The claim for lumbar strain secondary to bilateral knee disabilities is also being remanded for an addendum opinion.

The Veteran's claims for an automobile and adaptive equipment, as well as specially adapted housing or a special home adaptation grant, are being remanded due to the need for additional development including new VA examinations and consideration of newly uploaded treatment records.

The Veteran's low back disability is currently rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that his symptoms do not warrant a higher rating as he does not have forward flexion limited to 30 degrees or less, nor ankylosis.

The Board has granted service connection for a back disability, bilateral hearing loss, and tinnitus. The Veteran's conditions are found to be related to his military service.

The Veteran's service-connected lumbosacral strain with degenerative disc disease, degenerative joint disease, and IVDS is rated at 40 percent. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes warranting a higher rating.

The Veteran's neck disability was previously rated at 10 percent prior to September 5, 2017 and is now denied for a rating in excess of 20 percent.,Starting from September 5, 2017, the Veteran's neck disability remains rated at 20 percent.,The Veteran's back disability was previously rated at 20 percent from April 6, 2012 to May 23, 2013 and is now denied for a rating in excess of 20 percent.,Starting from May 23, 2013, the Veteran's back disability remains rated at 10 percent.

The Veteran's claim for a higher rating for his low back strain with degenerative disc disease and facet degenerative joint disease is remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's service connection claim for functional bowel dysfunction is granted. The other issues are remanded.

The Veteran's lumbar spine disability is rated at 40 percent for the entire appeal period. The claim of service connection for major depressive disorder remains open as the Veteran did not receive a Statement of the Case (SOC). The TDIU claim is remanded to consider whether extraschedular consideration is warranted.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since April 17, 2018. A TDIU rating is granted from that date.

The Veteran's claim for service connection for a lumbar spine disability is granted.,The Veteran's claim for service connection for a left ankle disability is denied.,The Veteran's claim for service connection for asthma is denied.

The Veteran's claim for bilateral wrist disability has been reopened.,The Veteran's claim for low back disability has been reopened.,The Veteran's claim for bilateral knee disability has been reopened.

The Board has reopened the Veteran's claim for service connection for a low back disorder due to new and material evidence. The claims for service connection for an acquired psychiatric disorder, right knee disability, left knee disability, and TDIU are all remanded for further development.