Back / lumbar spine decisions — 2020

The Board has granted service connection for lumbar spine, cervical spine, left shoulder, left knee, right foot disabilities and residuals of traumatic brain injury (TBI) to include acquired psychiatric disorder to include anxiety disorder, major depressive disorder and PTSD. The Veteran's current conditions are believed to be related to in-service injuries during airborne training.

The Board has decided that further development is necessary to determine if the Veteran's lumbar spine condition is secondary to his service-connected left shoulder disability.

The claim of service connection for a low back condition has been reopened and is denied. The claim of secondary service connection for bilateral leg pain, related to the low back condition, is also denied.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, beginning July 20, 2015. The Board granted the TDIU claim based on all reasonable doubt being resolved in favor of the Veteran.

The Board has remanded the Veteran's claims for increased ratings and earlier effective dates due to inconsistencies in VA examination reports and additional evidence submitted after the April 2020 rating decision.

The Veteran's osteoarthritis of the lumbar spine and lumbosacral strain are found to be service-connected as they are related to his in-service injury, which he reported.

All appeals for increased ratings and initial compensable ratings have been withdrawn by the Veteran.,The Veteran has also withdrawn all appeals regarding effective date determinations.

The Board has denied the Veteran's claims for service connection for back, right hip, left hip, acquired psychiatric, headache, and skin disabilities due to a lack of evidence showing that these conditions were incurred in or aggravated by active service.

The Board has remanded two issues: entitlement to service connection for lumbar degenerative joint disease with intervertebral disc syndrome and radiculopathy, and entitlement to service connection for radiculopathy of the left lower extremity. The Veteran's claims are being remanded due to missing in-service treatment records and an inadequate medical opinion.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. The evidence did not show the required limitations to warrant a higher rating prior to February 22, 2018 or after that date.

The Veteran's right shoulder strain was granted a rating of 20 percent from March 19, 2008 to August 20, 2013. The left shoulder strain and thoracolumbar strain were both granted ratings of 20 percent from May 7, 2008 to August 20, 2013. Hypertension was denied. Service connection for a bone disorder and sleep apnea were also denied.

The appeal is denied as a timely substantive appeal was not received within the required timeframe. Effective dates for service connection are set, and some issues remain remanded.

The Veteran's claim for service connection for a back disorder was granted, but his claim for compensation under the provisions of 38 U.S.C. § 1151 for residuals of back surgery was remanded due to insufficient evidence.

The Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, which rendered him unemployable. His TDIU claim for substitution purposes is granted.

The Board has remanded the Veteran's claims of service connection for back and left shoulder disabilities due to incomplete medical records, lack of a VA examination, and inconsistencies in the Veteran's reported symptoms.

The Veteran's low back disability was initially rated at 20 percent prior to March 27, 2014 and then increased to 40 percent from March 27, 2014 through October 7, 2014. The appeal is denied for both periods.,The Veteran's low back disability was rated at 40 percent from March 27, 2014 through October 7, 2014 and the appeal is denied.

The Board has reopened and granted service connection for several conditions, including bilateral hearing loss, tinnitus, lumbar spine disability, left ankle disability, right ankle disability, bilateral shin splints, neuropathy of the lower extremities, and radiculopathy. The claims were previously denied due to lack of current disabilities or no disease/injury in service.

The effective date for the award of service connection for low back degenerative joint disease, status post traumatic injury and surgery (lumbar spine disability) is granted as June 9, 1986. The Veteran's claims for higher ratings on his right elbow disabilities are remanded.

The Veteran's earlier effective date claims for initial grants of service connection for her cervical spine, lumbar spine, right arm paresthesias, right ankle, chronic pigmented papules skin, and right hip disabilities are dismissed.,Her right ankle disability was granted an increased rating but no higher than 10 percent effective March 3, 2017.

The Veteran's back and neck disabilities are not related to service or Agent Orange exposure. His hypertension is related to service. The right knee, abdominal pain (IBS), GERD, and dysphagia issues have been remanded for further review.