Back / lumbar spine decisions — 2019

The Board has determined that the Veteran's radiculopathy of the left lower extremity warrants a 40 percent rating, but no higher. The remaining issues have been remanded for further examination and evaluation.

The Board has remanded the Veteran's claims of service connection for various disabilities, including shoulder, spine, and knee conditions. The Veteran is to be provided with VA examinations to determine the etiology of his claimed conditions.

The Veteran's claims for increased ratings and initial ratings were denied. The Veteran was granted a higher rating of 50 percent for major depressive disorder from March 8, 2019.

The Veteran's right shoulder disability was granted a 40% rating from August 28, 2018.,A 40% rating for the lumbar spine degenerative disc disease with IVDS is granted from September 2018.

The Board has granted service connection for a back disability and a right ankle disability, attributing these conditions to the Veteran's active duty service.

The Board has granted service connection for a low back disability and remanded the issue of service connection for sleep disturbances.

The Board has found that the Veteran's bilateral tinnitus disability began during active service and grants entitlement to service connection for this condition. The remaining issues of service connection for hearing loss, lumbosacral strain, and right knee disabilities are remanded due to need for additional development.

The Board has decided to remand the claims for lumbar spine and right hip disabilities, as well as TBI. The Veteran needs a new VA examination to determine if his current disabilities are related to service.

The Veteran's tinnitus is related to his active duty service and has been granted. The Board has found the evidence insufficient to establish a link between the neck disability and low back disability and the Veteran's military service, thus remanding for further examination.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Board denied the Veteran's claim for service connection of a low back disability due to lack of evidence of current diagnosis and no link between in-service injury and present condition.

The Veteran's lumbar strain with degenerative disc disease is rated at 10 percent, which is the minimum rating available.,The Veteran's hypertension is not service connected and therefore does not warrant a compensable rating.

The Veteran's claim for an initial rating in excess of 40 percent for residuals of a low back strain has been denied. The current rating is the highest possible under the applicable criteria.

The Veteran's service-connected right knee and lumbar spine disabilities prevent her from securing or following a substantially gainful occupation, leading to the grant of TDIU.

The Veteran seeks a higher evaluation for his service-connected spondylosis of the lumbar spine, which is currently rated as 10 percent disabling. The Board has granted entitlement to a separate evaluation for left leg radiculopathy as a neurologic manifestation of the service-connected spondylosis.,The Veteran also seeks service connection for a disorder of the third nail of the left hand and a right knee disorder, both secondary to his service-connected lumbar spondylosis. The Board has remanded these issues for further development.

The Veteran's claims for service connection have been reopened, but the Board has not yet decided whether the evidence is sufficient to grant these claims.,Further development is needed to determine if there are any new and material pieces of evidence that could support the reopening of the claims.

The Board has decided to remand the case due to a lack of VA examination and records, requiring further investigation into the Veteran's lumbar spine disorder.

The Veteran's claim for an initial disability rating higher than 20 percent for a lower back disability is denied. The evidence does not show forward flexion of the thoracolumbar spine limited to 30 degrees or less, nor has there been ankylosis of any portion of the spine.

The appeals for service connection for low back, right knee, left knee, and bilateral shin splints disabilities are dismissed. The Board has remanded the issues of service connection for these conditions.

The Board has restored a 20 percent rating for the Veteran's service-connected degenerative joint disease of the lumbar spine effective May 23, 2017. The case is remanded for further development regarding a higher rating and TDIU.