Back / lumbar spine decisions — 2020

The Veteran's migraine headaches have been rated at 30 percent effective August 29, 2014. The rating is based on the severity of her attacks which are prostrating and prolonged, causing severe economic inadaptability.

The Veteran's TDIU claim was denied because he did not provide the necessary information to show he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted TDIU based on this finding.

The Board denied service connection for lumbar spine arthritis and head injury, finding no evidence of in-service injuries or continuity of symptoms. The Veteran's current conditions are not related to his military service.,A compensable rating for bilateral hearing loss prior to July 23, 2019 is remanded due to the failure to issue a supplemental statement of the case.

The Board has denied the Veteran's claims for service connection for a lumbar spine disorder and a left knee disorder, finding that there is no evidence of in-service injury or disease related to these conditions. The Board also found that any current left knee disorder was not caused by service.

The Board has granted service connection for a lumbar spine disability, finding that the evidence is in relative equipoise as to whether the appellant's current condition is causally related to his active military service.

The Board is remanding the case to obtain a complete discharge summary of the Veteran's August 4, 2014 emergency room treatment at Memorial Hospital of Jacksonville.

The Veteran's PTSD is granted a rating of 70 percent, but no higher. The low back disability remains at 40 percent. GERD and asthma are both denied ratings in excess of the current 10 percent. Sinusitis, left ankle scar, and left heel scar remain at their current 10 percent ratings. Folliculitis barbae is granted a rating prior to April 24, 2018, but not from that date forward. Service connection for right shoulder disability, left foot tendonitis, left flatfoot condition, and right flatfoot condition are all remanded.

The Board has remanded the Veteran's claims for right knee, back, bilateral upper and lower extremity peripheral neuropathy, bilateral upper and lower extremity radiculopathy, headache disability, and acquired psychiatric disorder (to include PTSD) due to additional development being required.

The Veteran's claim for an increased rating for traumatic arthritis of the lumbar spine, right and left lower extremity radiculopathy affecting the sciatic nerve, was granted with a 40 percent disability rating effective February 1, 2007. The appeal for earlier effective dates is denied.

For the period prior to May 1, 2015, the Veteran's chronic low back strain did not meet the criteria for a rating in excess of 10 percent.,From May 1, 2015 onward, the Veteran's chronic low back strain is rated at 20 percent.

The Veteran's lumbar strain with residual functional pain is rated at 20 percent prior to April 8, 2019 and denied for a rating in excess of 40 percent beginning on that date.

The Board has granted service connection for degenerative arthritis of the spine and degenerative disc disease, finding that the Veteran's current disability is related to his active duty service.

The Veteran's initial rating for degenerative disc disease of the lumbar spine is granted at a 20% level. Other conditions are denied or rated appropriately.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the etiology of his claimed conditions.,Specifically, he is seeking service connection for various conditions including left shoulder impairment, degenerative arthritis of the lumbar spine, left knee impairment, right shoulder impairment, sinus condition, headaches, and a peripheral vestibular disorder.

The Veteran's lumbosacral spine condition was rated at 20 percent prior to February 22, 2011. A higher rating is denied for any period on appeal. The claim for total disability rating based on individual unemployability (TDIU) is also denied.

The Veteran's claim for an increased rating for her lumbar spine disability is denied. Her current 40% evaluation remains in effect, effective October 21, 2019.

The Board has remanded the claims for hypertension, chronic low back condition, and left knee disability due to inadequate examination reports. The Veteran's service treatment records show hypertension during service but no formal diagnosis was made. Post-service records indicate current diagnoses of hypertension, chronic low back condition, and left knee disability. The examiner is requested to provide an opinion on the relationship between these conditions and service.

The Veteran's low back disability is not service connected as secondary to his healed fracture of the left radius and ulna. However, he meets the criteria for a TDIU due to multiple disabilities including cervical spine and shoulder conditions.

The Board has decided that the Veteran's cervical spine disability and kidney disorder are service-connected, but his left ear hearing loss and lumbar spine disability have been remanded for further development.