Back / lumbar spine decisions — 2020

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's service connection claim for chronic residuals of a motor vehicle accident. The Veteran is seeking service connection for his musculoskeletal disabilities, including those affecting his spine and arms, which he contends are related to an in-service motor vehicle accident.

For the entire period on appeal, the Veteran's lumbar spine disability has been rated at 40 percent and his radiculopathy of the left lower extremity has been rated at 20 percent.,Prior to July 20, 2016, entitlement to a TDIU was denied. From that date forward, the Veteran is granted a TDIU.

The Board dismissed all claims for increased ratings as the Veteran withdrew his appeals prior to a decision being made.

The Veteran's claims for service connection were granted for lumbar spine degenerative disc disease. The right and left shoulder conditions with bursae and tendons are also granted, as they are considered direct service connections based on the in-service injury.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected Hodgkin's disease.

The Board has granted service connection for a back disability, headache disability, and kidney condition. The evidence is in relative equipoise as to whether these conditions began during or are otherwise related to the Veteran's military service.

The Board denied service connection for the Veteran's lower back disability, concluding that there was no evidence of a chronic condition in service or within the applicable presumptive period.

The Board has remanded the cases for additional development due to inadequate examination reports and failure to address specific remand directives.

The Board has granted service connection for thoracolumbar spine disability, including scoliosis, as secondary to the Veteran's service-connected knee and shin splints disabilities. The decision finds that these conditions aggravated his pre-existing back disorders.

The Board denied service connection for right wrist disability and TDIU, but granted the petition to reopen a claim of entitlement to service connection for left ankle condition based on receipt of new and material evidence.,Service connection was not established for degenerative disc disease, lumbar spine.

The Veteran's radiculopathy of the left lower extremity (sciatic nerve) is granted a rating of 20 percent from December 6, 2010 to September 11, 2013. The appeal for ratings in excess of 40 percent beginning on September 11, 2013 and for radiculopathy of the left lower extremity (femoral nerve) is denied. Ratings in excess of 20 percent for degenerative joint disease of the cervical spine are denied. Ratings in excess of 10 percent for right lower extremity (sciatic nerve) radiculopathy are also denied. The Veteran's PTSD from December 6, 2010 to February 5, 2020 is denied.

The Veteran withdrew his appeals regarding the service connection for a bilateral foot disability, low back disability, and cervical spine disability.

The Veteran is granted TDIU due to service-connected disabilities.,The Veteran's sinusitis with rhinitis does not warrant an evaluation in excess of 10 percent.

The Board denied service connection for various conditions, including back disability, sinusitis, allergic rhinitis, pulmonary disability (including asthma and/or COPD), bilateral hearing loss, left knee disability, and right knee disability. The claims were remanded for further development.

The Board has granted service connection for a back disability and remanded the issues of service connection for psychiatric disabilities (PTSD and MDD) and TDIU.

The Board has remanded the claims for service connection for a back disability, right ankle disability, and bilateral foot disability due to new evidence received more than one year after the last final rating decision. The Veteran's lay statements and STRs indicate worsening of these disabilities during his deployment in Iraq.

The Veteran's claim for increased ratings for low back musculoligamentous strain and radiculopathy to the left and right lower extremities has been denied. The evidence shows that his range of motion is sufficient to meet a 10 percent rating, but does not warrant higher ratings.

The Board has determined that the Veteran's current lower back disability is at least as likely as not caused by events during his active duty service, including training and combat in Vietnam. Service connection for this condition is granted.

The Veteran's sinusitis and back disability ratings have been denied prior to January 10, 2018. The Veteran's lumbar strain and degenerative changes are being remanded for further evaluation.,The Veteran is seeking a TDIU due to his service-connected disabilities but the period before January 10, 2018 remains on appeal.

The Board has denied a rating in excess of 20 percent for the Veteran's lumbosacral spine disability, finding that his symptoms do not warrant such a higher rating. The appeal is remanded to determine if a TDIU should be granted.