Back / lumbar spine decisions — 2020

The Veteran's appeals for higher initial ratings for degenerative disc disease of the lumbar spine and increased disability rating for scapulocostal syndrome of the left shoulder have been dismissed due to the Veteran's withdrawal of these appeals.

The Board dismissed all the claims on appeal due to the death of the appellant.

The Veteran's appeal regarding service connection for a low back disorder has been dismissed due to the death of the Veteran while the appeal was pending.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the cases for further examination and opinion regarding his right knee disorder and low back disorder.

The Board has remanded multiple issues related to the Veteran's spine, knee, and foot disabilities. The TDIU claim is also added to the appeal.

The Veteran's lumbar spine disability is granted with a rating of 40 percent prior to January 20, 2020 and from December 6, 2016 through January 20, 2020. The right shoulder disability is granted with a rating of 20 percent prior to July 28, 2015 and denied for any higher ratings.

The Board has dismissed the appeal for an increased rating for lumbosacral strain with myositis and has remanded the issue of service connection for sleep apnea. The Veteran's claim for a higher disability rating is dismissed, while his claim for service connection for sleep apnea is granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has determined that the Veteran's low back disability existed prior to service and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that it is related to in-service injuries and resolving doubt in favor of the Veteran.

The Board has determined that additional evidence was submitted after the July 2016 SOC and must be reviewed by the AOJ before a final decision can be made on the Veteran's claim for service connection for a back disability.

The Veteran's neck disability was denied service connection due to lack of evidence linking the condition to his military service. His lumbosacral spine DJD received a 20% rating effective December 19, 2019.

The Veteran's service-connected disabilities, including PTSD, MDD, lumbar spine disability, and right lower extremity radiculopathy, have prevented him from securing and following substantially gainful employment since January 6, 2011. Additionally, his loss of use of both feet due to his service-connected conditions is also recognized.

The Veteran's migraine headaches and upper airway resistance syndrome are rated at 50% each, effective from the date of the VA examination. The Board also granted TDIU based on his service-connected disabilities.

The Board has remanded the case due to an inadequate January 2020 VA examination, which did not address the Veteran's 2011 diagnosis of lumbar strain. A new examination opinion is required.

The Board has remanded the cases for further development due to new evidence and changes in the Veteran's condition.

The Board has remanded the claim due to insufficient evidence from prior VA treatment records and a potential need for an examination. The Veteran's lumbar spine injury is not currently service-connected.

A rating of 40 percent, but not higher, for lumbar paravertebral myositis is granted.,A rating of 50 percent for migraines is granted.,A rating of 30 percent, but not higher, for right shoulder bursitis is granted.,A rating in excess of 10 percent for left leg radiculopathy is denied.,A rating in excess of 10 percent for right leg radiculopathy is denied.,Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

The Board has remanded the Veteran's claims for low back disability and bilateral foot disability due to insufficient medical opinions and incomplete service records. The claims will be reconsidered with new evidence and a thorough review of all available data.

The Veteran's TDIU and Chapter 35 (DEA) eligibility are granted effective May 1, 2007. The Board found that the Veteran was unable to secure or follow substantially gainful employment due to his service-connected disabilities as of May 1, 2007.