Back / lumbar spine decisions — 2020

The Board denied service connection for bilateral arm disability, back disability, and disfiguring scar of the forehead as there was no evidence linking these conditions to service or any presumptive exposure.

The Veteran's cervical spine disability is rated at 30 percent, and he has been granted a TDIU since July 25, 2015. The Board found that the evidence does not warrant a higher rating for his cervical spine disability.

The Board has remanded the case due to errors in assessing the severity of the Veteran's headaches prior to March 30, 2015 and during flare-ups. The Veteran is still seeking an initial compensable rating for his cervicogenic headaches.

The Veteran's claim for service connection for a lumbar spine disability is granted, as new and material evidence has been received to reopen the previously denied claim.

The Board has remanded the cases for further development and to obtain additional medical opinions regarding the Veteran's lumbar spine disability and GERD.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation since October 1, 2012.

The Veteran's hypertension, cervical spine disability, bilateral knee disabilities, and upper extremity radiculopathy are all remanded for further development.

The Veteran's tinnitus is rated at its maximum schedular rating of 10 percent.,Service connection for left lower extremity radiculopathy and midline lumbar surgical scar have been granted effective June 23, 2015.

The Board denied the claims for service connection for lumbar spine disability and sciatica, to include as due to lumbar spine disability. The evidence did not support a finding of direct service connection or secondary service connection.

The Veteran's claim for service connection for lumbar spine degenerative disc disease was granted with an effective date of July 11, 2008. The Board found that the proper effective date is based on when the Veteran filed his application for pension, which he later confirmed was based on a claim for in-service back injury.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of her claimed conditions, including headaches, TBI, GI disability, back disability, and left shoulder disability. The Board will also review the claims file to ensure that all necessary actions have been taken.

The Board has remanded the Veteran's claims for cervical strain, degenerative joint disease of the lumbar spine, left and right lower extremity radiculopathy, and TDIU due to ongoing issues with scheduling VA examinations.

The Board has remanded the claims for service connection for left ankle, low back, and left knee disorders secondary to a right ankle sprain due to potential causation or aggravation by altered biomechanics. The Veteran's current diagnoses include osteophytic spurring of the left ankle, lumbar degenerative joint disease/degenerative disc disease, and chondromalacia patella syndrome with degenerative joint disease and left knee sprain.

The Board has dismissed the appeals for lumbar spine disability and bilateral hearing loss due to the Veteran's death.

The Board has determined that the VA examinations and opinions provided were not in compliance with previous remand directives, and thus the claims for service connection are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board denied the Veteran's claims of service connection for osteoporosis, fibromyalgia, left shoulder disability, right shoulder disability, low back disability, left leg stress fracture, right leg stress fracture, left foot stress fracture, and right foot stress fracture. The reasons given were that there was no current evidence of these conditions.,The Board also denied the Veteran's claim for service connection for a psychiatric disability, including posttraumatic stress disorder (PTSD), as remanded by the July 2018 decision.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative arthritis of the lumbar spine, finding that the evidence is in relative equipoise with respect to whether the Veteran currently has this condition.

The Board has granted a TDIU on an extraschedular basis due to the Veteran's service-connected back disability, finding that he is unable to secure or follow substantially gainful employment.

The Veteran's right lower extremity radiculopathy is rated at 20 percent before July 23, 2018 and in excess of 20 percent from July 23, 2018. The Board has decided that the Veteran is not entitled to a higher rating for this condition.,The Veteran's lumbar spine disability is rated at 40 percent. The Board has decided that the Veteran is not entitled to an increased rating for this condition.,The Veteran's implanted cardiac pacemaker and his disability manifested by fatigue are both remanded due to inadequate examinations in previous decisions.,The Veteran's service connection claims for an implanted cardiac pacemaker and a disability manifested by fatigue are also remanded.

From November 6, 2019, the Veteran's service-connected left lower extremity radiculopathy is granted at a 20 percent evaluation.,From November 6, 2019, the Veteran's service-connected right lower extremity radiculopathy is granted at a 20 percent evaluation.,From December 19, 2019, the Veteran's service-connected right lower extremity radiculopathy is granted at a 40 percent evaluation.,,