Back / lumbar spine decisions — 2020

The Board denied service connection for a deviated septum and a back disability, finding that there was no evidence of a chronic condition during service or a link to service-connected conditions.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and his occupational impact due to his psychiatric disability prevents him from performing gainful employment.

The Board has remanded the Veteran's claims for increased ratings due to insufficient evidence and need for new examinations.

The Veteran's TDIU claim is granted due to his service-connected disabilities precluding substantially gainful employment.,Service connection for hearing loss is denied as the Veteran does not have a current disability in accordance with VA compensation criteria.

The Veteran's degenerative arthritis of the lumbar spine is presumed to be related to service due to continuity of symptoms since within one year after service.

The Veteran's lumbar spine disability is currently rated at 40 percent from May 16, 2019 to October 23, 2019. This rating is based on the functional equivalent of forward flexion limited to 30 degrees or less.

The Veteran's degenerative disc disease of the cervical spine was evaluated at a 10 percent rating prior to June 28, 2012, and higher than 20 percent thereafter. The Board found that his range of motion did not meet the criteria for a higher evaluation.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his military service and resulting from multiple post-service injuries.

The Veteran's claim for bilateral hearing loss is denied as he does not have a current diagnosis of bilateral hearing loss.,The Veteran's claim for tinnitus is granted as his symptoms are related to service exposure to acoustic trauma.

The Board has remanded the case for further development and consideration, including obtaining additional VA treatment records and worker's compensation records. The claim for TDIU on an extraschedular basis prior to November 16, 2019 is also being remanded.

The Board denied service connection for low back condition, urinary incontinence, atrophy of the left hand, and atrophy of the right hand as there was no evidence linking these conditions to service or service-connected disabilities.

The Board has found that the Veteran's diagnosed lumbosacral strain with degenerative arthritis is at least as likely as not related to his military service, resolving all doubt in favor of the Veteran.

The Veteran's right shoulder disability is rated at 20 percent, and his lumbar spine disability is rated at 10 percent.,Both disabilities are denied as the evidence does not support a higher rating.

The Veteran's hip, knee, cervical spine, and lumbar spine disabilities are not service connected as they did not manifest during or within one year after service. The Veteran's bowel and bladder incontinence is also not service connected due to lack of a nexus between the condition and her military service.

The Board found that the Veteran's claim of service connection for depressive disorder was granted and a 30 percent rating assigned, but denied revision based on clear and unmistakable error (CUE) in the October 2007 rating decision. The appeal is remanded for further development regarding his lumbar spine disability and TDIU.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 14, 2011, finding that his service-connected conditions did not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for service connection for chronic low back pain and chronic cervical pain due to inadequate opinions in previous VA examinations. The case will be returned for further development.

The Board has remanded the claim for service connection of a back condition, as the Veteran's character of discharge is considered to be under other than honorable conditions due to willful and persistent misconduct.

The Board has remanded the case for further development, including obtaining an adequate medical opinion regarding additional functional loss or limitation of motion during periods of flare-up and after repetitive use.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's lumbar spine disorders, including her current diagnoses of lumbosacral strain, degenerative joint disease, and spinal stenosis. The examiner is requested to provide an addendum opinion addressing whether these conditions are related to service.