Back / lumbar spine decisions — 2019

The Veteran's initial ratings for degenerative joint disease of the thoracolumbar spine and radiculopathy of both lower extremities have been denied.,No new or material evidence was presented to reopen the service connection claim, and the current conditions are rated based on their direct effects.

The Veteran's lumbosacral strain is rated at 20 percent, but not higher. The right shoulder tendinitis with impingement syndrome and right knee osteoarthritis are both denied ratings higher than the current 10 percent. A separate rating of 10 percent for instability of the right knee from February 11, 2015 is granted. Right hip tendonitis with painful motion and limited flexion does not warrant a rating higher than 10 percent. The Veteran's service-connected disabilities are found to be of such nature and severity as to prevent her from securing or following substantially gainful employment, thus granting TDIU.

The Veteran's lumbar spine disability is rated at 40 percent for the entire appeal period, effective from September 29, 2008.

The Veteran's appeal for a higher rating for his left knee disability has been denied. The Board found that the evidence did not show limitation of motion to a level warranting a compensable rating under Diagnostic Codes 5260 and 5261.,Service connection for a low back disability and bilateral hearing loss have been dismissed as moot due to their grant in April 2019.

The Board has denied increased ratings for the Veteran's left and right knee strains, but has remanded his claim for an increased rating of his low back disability due to inadequate examination findings.

The Board has dismissed all claims of service connection due to the death of the appellant.

The Board denied the Veteran's new and material petition to reopen a service connection claim for a low back condition because the evidence did not show a current disability.

The Board denied the Veteran's claim for service connection for erectile dysfunction secondary to his service-connected lumbar spine disability. The Board also granted entitlement to special monthly compensation (SMC) based on the need for aid and attendance due to multiple service-connected disabilities.

The Board has remanded the cases for further development and examination. The Veteran's right ear hearing loss is denied, while his left knee and lower back conditions are to be evaluated through a VA examination.

The Board has remanded the case due to new evidence and issues, including a TDIU claim and service connection for PTSD. The TDIU claim is inextricably intertwined with the service connection issue.

The Veteran's back disability is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted. Additionally, the Veteran claims TDIU based on his service-connected back disability.

The Board has remanded the claims of service connection for a back condition, residuals of right arm (shoulder) injury, and right hand injury due to inadequate August 2017 VA medical opinion. The Veteran will be provided an additional VA examination to assess these conditions.

The Veteran's service-connected disabilities render her unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran's multiple service-connected physical disabilities render him unable to secure and maintain employment, thus meeting the criteria for a TDIU.

The Board has remanded the claims for service connection for back disorder, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity due to duty-to-assist errors. A new examination is required.

The Board has granted service connection for a low back disability, including lumbar disc degeneration with facet arthritis, but denied service connection for a left knee disability.

The Veteran's cervical spine condition, low back condition, major depressive disorder, and generalized anxiety disorder are all granted. The rating for the psychiatric conditions is increased to 70 percent.

The Veteran's appeals for earlier effective dates were denied as the evidence did not show that he met the regulatory criteria for a higher rating prior to May 30, 2017.

The Board has granted service connection for a lumbosacral strain and remanded the issue of an initial rating for major depressive disorder.