Back / lumbar spine decisions — 2020

The Veteran's bilateral varicose veins and related conditions are remanded for further evaluation. The TDIU claim is also remanded due to the inextricable interconnection with other pending claims.

The Veteran's appeal for a rating in excess of 30 percent for PTSD, eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only, and SMC for loss of use of a foot has been denied. The Veteran's TDIU claim was also denied.

The Board has determined that additional examinations and evaluations are needed to determine the nature and etiology of the Veteran's claimed conditions, including gout, low back disorder, right knee disorder, left knee disorder, right ankle sprain, lower extremity lumbar radiculopathy, gastrointestinal pain associated with Gulf War undiagnosed illness, and headaches associated with Gulf War undiagnosed illness.

The Board has previously remanded the issues of service connection for a back condition, neck condition, and bilateral knee condition. These issues need further examination to determine their etiology.

The Board has remanded the cases for further development and re-adjudication due to procedural issues, including the need to issue a supplemental statement of the case (SSOC) on the claims involving the left ankle disorder, cervical spine disability, lumbar spine disability, and SMC based on loss of use of the lower extremities.

The Veteran's bilateral hand condition, left ear hearing loss, and degenerative arthritis of the spine with lumbosacral strain and intervertebral disc syndrome are all granted service connection. The decision on left ear hearing loss is remanded for a new VA examination.

The Board has remanded the claims for service connection due to difficulties in obtaining necessary diagnostic information regarding the Veteran's claimed disabilities, including low back condition, left hip condition, bilateral vision loss, and cerebrovascular condition. The issues of entitlement to service connection are being addressed.

The Veteran's lumbar spine disability was granted a 40% rating from June 18, 2015 to October 16, 2019. A higher rating is denied for the entire appeal period.

The Veteran's appeal is remanded for additional development to determine his eligibility for a total disability rating based on individual unemployability due to his chronic back condition.

The Board denied service connection for a right knee disorder and a low back disorder, finding no link between the disorders and events in service.

The Board has denied the Veteran's claims for increased ratings for primary insomnia and DJD of the lumbar spine, as well as his claim for TDIU. The cases are being remanded to obtain medical records and complete a VA Form 21-8940.

The Board has granted service connection for sleep apnea as secondary to service-connected dysthymia and panic disorder, but denied reopening of claims for low back disability, hypercholesterolemia, and increased rating for dysthymia and panic disorder. The Veteran's symptoms are currently rated at 70 percent due to impairment in social functioning.

The Veteran's claim for a higher disability rating for lumbosacral strain with degenerative arthritis prior to April 13, 2012 and his TDIU claim prior to April 22, 2014 were both denied.

The Veteran's left lower extremity sciatic radulopathy was denied a rating in excess of 10 percent prior to June 16, 2015 and from June 16, 2015 to September 30, 2019. From October 1, 2019 forward, the Veteran's sciatic radulopathy was denied a rating in excess of 60 percent.,The Veteran's low back disorder was denied a rating in excess of 10 percent prior to March 13, 2009 and from June 1, 2009 forward.

The Veteran's claim for service connection for PTSD has been granted. The claims for hypertension, prostate cancer, headaches, and other conditions have been denied.

The Board has denied service connection for bilateral ankle and right knee disabilities, as well as a back disability. The Veteran's current diagnoses of these conditions are not related to his military service.,Service connection for posttraumatic headaches is remanded due to the need for further development.

The Veteran's facial lesion is rated at 30 percent, which does not meet the criteria for a higher rating. The Board found that the evidence did not show scar with visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips) as required for a 50 percent rating.,The Veteran's service-connected disabilities include PTSD rated at 50%, Benign Prostatic Hypertrophy rated at 40%, and Facial Lesion rated at 30%. The combined evaluation is 90%.

The Veteran's low back disability is rated at 40% effective from February 20, 2019. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities, including coronary artery disease and major depressive disorder, have caused him to be unemployable prior to June 23, 2011. The Board has ordered a remand for an addendum medical opinion regarding the impact of his MDD on employment from March 2008 to June 2011, and then referred the case to the VA Director of Compensation Service for extraschedular TDIU consideration.

The Veteran's tinnitus was granted service connection. The left and right knee strains, as well as plantar fasciitis of the feet, were denied. Service connection for PTSD was also denied. However, an initial evaluation in excess of 30 percent for lumbar spine disability prior to December 17, 2014 and from March 1, 2015 to November 30, 2015 was granted.