Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities, including mood disorder, arthritis of the thoracolumbar spine, GERD, and arthritis of the bilateral hips, have rendered him unemployable since December 30, 2005. As a result, he is granted TDIU effective that date and basic eligibility to DEA benefits as well.

The Board denied service connection for a low back disorder, as the evidence did not support that it began during active service or was related to an in-service injury.,For right shoulder disability, the Veteran's current flexion and abduction were found to be within normal limits with no additional loss of range of motion. The Board determined that the preponderance of the evidence did not support a higher rating.

The Board has determined that the VA examinations conducted are not in compliance with the requirements set forth in Sharp v. Shulkin, 29 Vet. App. 26 (2017), and therefore, remanded for further examination.

The Veteran's lumbar spine spondylosis has been rated at 10 percent prior to December 21, 2019 and at 20 percent since then. The Board found the evidence did not support a higher rating for either period.

The Board denied the Veteran's claims for service connection for hypertension, right elbow epicondylitis (tennis elbow), and arthritis of the hands. The decision found that there was no evidence linking these conditions to military service.,Specifically, the Board determined that hypertension is not secondary to the Veteran's thoracolumbar spine disability due to lack of evidence showing it was caused or aggravated by Celebrex use for his back condition. Right elbow epicondylitis and arthritis of the hands were also denied as there was no service connection found.

The Veteran's claim for a rating in excess of 40 percent for his cervical spine disability is denied, and the issue of entitlement to TDIU prior to March 1, 2013 is remanded.

The Board has granted a 40 percent rating for the Veteran's lumbar strain and radiculopathy of the right lower extremity as of February 10, 2020. Prior to this date, the disability was rated at 20 percent.

The Board has remanded the claim for service connection for a back disability, as it was not fully addressed in previous decisions. The Veteran is seeking to establish direct or secondary service connection for his back disability.

The Board has dismissed the claim for an increased rating of thoracolumbar spine strain with DJD and DDD from September 28, 2011 to March 7, 2013. The claims for a higher evaluation of right knee residuals and service connection for a right hip condition are remanded due to inadequate examinations.

The Board has remanded the Veteran's claims for service connection for a low back condition and a sinus condition due to inadequate rationale provided by the VA examiner. The Veteran is entitled to another examination and opinion regarding his claimed conditions.

The Board has remanded the claims for service connection due to deficiencies in a VA medical opinion. The Veteran's back disability and bilateral lower extremity post phlebitic syndrome are being reviewed again.

The Board has denied service connection for low back disability and remanded the issue of secondary service connection for headaches. The case is now being returned to the AOJ for further development.

The Veteran's service connection for a psychiatric disability, to include PTSD, was granted. The Board found that his adjustment disorder is due to or aggravated by his service-connected disabilities and remanded the issues of sleep apnea, left shoulder disability, and back disability.

The Board has granted an effective date of January 1, 2011 for the award of a 10 percent rating for the service-connected right lower extremity sciatica. The issues of higher initial ratings for the back disability and left lower extremity sciatica are remanded.

The Veteran's right shoulder disability is rated at 20% before October 28, 2020 and at 30% from that date on. The low back disability is rated at 10% before October 28, 2020 and at 20% from that date on. The right and left lower extremity radiculopathy are both rated at 20%. These ratings have been granted.

The Veteran's claim for a total disability based on individual unemployability due to service-connected disabilities is remanded as the VA Form 21-8940 was not submitted, and further development is needed.

The Board has granted a 20 percent disability rating for cervical spine disorder but denied service connection for fibromyalgia and TDIU. The case is remanded to obtain an addendum opinion regarding the Veteran's fibromyalgia.

The Board has determined that the Veteran's low back disability is at least as likely as not related to his active duty service, granting his claim for service connection.

All claims for increased ratings and effective dates have been dismissed due to the Veteran's withdrawal of all issues on appeal except for his claims for an increased rating for headaches and a TDIU.,For the entire appeal period from July 29, 2013 to present, a rating of 50 percent has been granted for service-connected headaches.

The Veteran's claim for increased ratings for a cervical spine disability was denied. The rating prior to April 4, 2017, is still at 10 percent and as of April 4, 2017, it is at 20 percent.