Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including scheduling of VA examinations.

The Board denied service connection for a low back disability, hypertension on secondary basis to plantar fasciitis, and bilateral eye disorder (including cataracts, glaucoma, nonexudative macular degeneration, dry eyes, and loss of peripheral vision).,There is no direct evidence linking the current disabilities to active service.

The Board has remanded the claims for service connection due to inadequate opinions from previous VA examiners. The Veteran's bilateral lower extremity, hip, and back disabilities are being reviewed again with new examination and opinion.

The Board has remanded the claims for increased rating, service connection, and TDIU due to inconsistencies in previous examinations. The Veteran's right knee disability is currently rated at 10%.

The Board has remanded the cases of erectile dysfunction and low back condition for further development due to outstanding private treatment records.

The Board has dismissed all issues on appeal due to the appellant's withdrawal of all claims.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Board has found that the remand was not fully complied with and requires another examination to address the Veteran's lumbar spine osteoarthritis.

The Veteran's appeals for increased disability ratings and service connection have been dismissed due to his death.

The Board denied the Veteran's claims for service connection for a back disorder, right knee disorder, and GBS due to service-connected disability. The Board found that there was no evidence of chronic conditions during or within one year after service, and that any current conditions are more likely related to post-service events.

The Board has remanded the Veteran's claims of entitlement to service connection for right shoulder disability as secondary to his service-connected degenerative disc disease with herniated nucleus pulposus of the lumbar spine and entitlement to a temporary total disability rating based on convalescence due to right shoulder disability. The case is being returned to the Board for further development.

The Veteran's hiatal hernia with reflux and esophagitis is currently rated at 30 percent, effective January 16, 2003. The claim for a higher rating has been denied as the symptoms do not meet the criteria for a higher rating under Diagnostic Code 7346.,The Veteran's right wrist disability is currently rated at 30 percent, effective January 16, 2003. The claim for a higher rating has been denied as there is no evidence of ankylosis or other severe impairment that would warrant a higher rating under Diagnostic Code 5214.,The Veteran's thoracolumbar spine disability is currently rated at 10 percent, effective January 16, 2003. The claim for a higher rating has been denied as the evidence does not show limitation of motion that would warrant a higher rating under Diagnostic Codes 5235-5243.

The Board denied service connection for right shoulder strain, DDD of the cervical spine, and DDD of the lumbar spine. The evidence did not support a finding that these conditions began during active service or were related to an in-service injury.,Service connection was also denied on direct basis as there was no showing of chronic disability within one year post-service.

The Board has remanded the case due to incomplete information regarding the Veteran's Social Security Administration (SSA) benefits, specifically whether they are related to a back disability. The VA needs to obtain these records.

The Veteran's appeal for an initial evaluation in excess of 10 percent prior to February 9, 2012, and in excess of 40 percent thereafter for degenerative disc disease of the lumbar spine has been dismissed due to his withdrawal of the appeal.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence linking his current back condition to his active duty service or any event of service. The Board also found that the Veteran's back disability was not caused by or aggravated by his service-connected left ankle disability.

The Board has remanded the case due to insufficient evidence regarding the Veteran's flare-ups and functional loss during those periods.

The Veteran's initial rating for Type 2 Diabetes Mellitus is denied as his diabetes does not require insulin or regulation of activities. The service connection claim for a lumbar spine disability, including DDD and osteoarthritis, is also denied due to lack of evidence showing onset during service or a nexus to service-connected conditions.

The Veteran's appeal for a compensable rating for bilateral hearing loss as a residual of and secondary to vertigo was denied. The Board found that the Veteran did not demonstrate hearing loss on testing, thus no service connection is warranted. Other claims were remanded due to lack of VA examination records.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied as the evidence does not show ankylosis or other disabling conditions that would warrant a rating greater than 40 percent.