Back / lumbar spine decisions — 2019

The Board has granted service connection for the Veteran's low back disability, finding that it is related to an in-service injury and resolving any doubt in favor of the Veteran.

The Veteran's lumbar spine degenerative arthritis is granted service connection. The appeals for other conditions are dismissed due to withdrawal by the Veteran.

The Veteran's thoracolumbar spine psoriatic arthritis with spondyloarthropathy is currently rated at 40 percent effective July 27, 2011. The Board granted a disability rating of 40 percent for this condition.

The Board has remanded the case due to inadequate opinion regarding the etiology of the Veteran's low back disability, which is related to his in-service fall accident. The Veteran needs a new VA examination to determine if his current back disability had its onset during service.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, a back disorder, peripheral neuropathy of the lower extremities (to include as secondary to diabetes mellitus), and an acquired psychiatric disorder (PTSD, anxiety, and a panic disorder) due to insufficient evidence.

The Veteran's rating for degenerative disc disease of the lumbar spine was restored from 0% to 20%, effective May 6, 2014. The reduction was found to be improper due to an inadequate VA examination used to justify the reduction.

The Board has remanded the Veteran's claims for low back and left wrist conditions due to outstanding VA records, including SSA disability benefits records. The claims are also remanded for additional medical examinations.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine does not warrant a rating in excess of 40 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome.

The Board denied the Veteran's appeal for an earlier effective date prior to March 8, 2012 for a rating in excess of 0 percent for lumbar strain and cervical strain. The earliest effective date that the Veteran is entitled to as a matter of law is March 8, 2012.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of lower extremities, finding that his service-connected lumbar spine disability and bilateral lower extremity radiculopathy did not result in functional loss of use of both lower extremities.

The Veteran's claim for a higher rating for IVDS with degenerative arthritis of the spine is denied. A rating of 60 percent, but no higher, is granted as of July 8, 2019.

The Veteran's service-connected disabilities are of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment, resulting in a grant of TDIU.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his in-service injury and repetitive strain while serving as a medical technician.

The Board has granted the Veteran's requests to withdraw his claims for service connection for TMJ and vertigo. The Board also found that the Veteran's thoracolumbar strain is service-connected, as are his acquired psychiatric disorder including anxiety, depression, and PTSD.

The Board has remanded the Veteran's claims for service connection for various disabilities, including left and right knee disabilities, a right hand disability, a low back disability, sleep problems, GERD, IBS, varicose veins, and pseudofolliculitis barbae. The appeals are being remanded due to inadequate examinations in prior decisions.

The Veteran's service-connected conditions render him unable to obtain and sustain substantially gainful employment, warranting a TDIU.

The Veteran's claim for a higher evaluation for his lumbar strain was denied as the disability did not meet the criteria for a rating higher than 10 percent.

The Veteran's service-connected disabilities, including mid-thoracic and lumbosacral strain, right knee chondromalacia patella, left knee chondromalacia patella, and bilateral pes planus, have rendered him unemployable since October 15, 2004. An effective date of October 15, 2004 is granted for the award of a total disability rating based on individual unemployability (TDIU).

The Board has reopened the Veteran's claims for service connection for left knee and low back disabilities due to new evidence. However, the claims are still remanded as additional medical opinions are needed regarding whether these conditions are secondary to his right knee and/or right hip disabilities.

The Board has remanded the claims for a rating in excess of 10 percent for low back strain, service connection for right and left knee disorders secondary to service-connected low back strain, and TDIU. The Veteran's current bilateral knee disorders are being evaluated as secondary to her service-connected low back strain.