Back / lumbar spine decisions — 2020

The Veteran's disability rating for thoracolumbar degenerative joint disease was restored to 40 percent effective from August 1, 2019.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants his claim for total disability rating based on individual unemployability.

The Veteran's claim for GERD was denied as there is no evidence of a current disability and the Board found that her abdominal pain in June 2008 did not constitute GERD.,Service connection for low back, cervical spine, right lower extremity, left lower extremity, and circulatory problems were all denied due to lack of evidence linking these conditions to service or any period of active duty.

The Board denied increased ratings for the Veteran's left knee, ruptured Achilles tendon, and lumbar spine disabilities. The Veteran appealed these decisions to the Court of Appeals for Veterans Claims (Court), which vacated the January 2018 decision in part and remanded the matter back to the Board.

The Board has remanded the case due to failure to provide a VA examination for N.C. regarding her permanent incapacity for self-support before and after reaching the age of 18.

The Board has remanded the claims for service connection and temporary total evaluations due to inextricably intertwined issues. The Veteran's claim of entitlement to service connection for a blood clot on the brain, including as due to his low back disability, is being remanded.

The Board denied a TDIU on an extraschedular basis prior to September 14, 2011 due to the preponderance of evidence showing that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's claim for an initial compensable rating for chest scars prior to October 25, 2018, and in excess of 10 percent thereafter is dismissed.,New and material evidence has not been received to reopen the claim of residuals of a right arm fracture. The petition to reopen is denied.,Service connection for PTSD is granted.,Service connection for thoracolumbar spine disability is granted.,Service connection for a right wrist disability is denied.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's service-connected low back disability. The Veteran will be provided another VA spine examination to obtain testing results and clinical findings needed to better assess his condition.

The Veteran's lumbar spine disability has been rated at 40 percent from May 5, 2006 to May 3, 2017. The rating is granted as the evidence shows severe limitation of forward flexion.

The Veteran's lumbar spine disability was rated at 10% prior to March 4, 2015 and at 20% thereafter. The Board denied an increased rating in excess of these levels.

The Veteran's initial compensable rating for his service-connected back scar is denied. The reduction of his service-connected intervertebral disc syndrome (back disability) from 40% to 20% is upheld, and he is denied a higher rating for the same condition. His entitlement to special monthly compensation based on loss of use of his right foot is also denied.

The Board has determined that additional evidence was added to the claims file since the last decisions and remands, and thus the case is being returned for readjudication in light of this new evidence.

The Veteran's cervical spine myositis, degenerative disc disease of the back with myositis, and left ankle strain are all remanded for further evaluation due to inadequate previous examinations. The issues are inextricably intertwined as a decision on these conditions could impact the ratings for related radiculopathies.

The Board has remanded the claims for an initial rating in excess of 10 percent for the lumbar spine disability, service connection for erectile dysfunction, and TDIU due to service-connected disabilities. The reasons include inadequate examination reports and failure to consider certain evidence.

The Board has granted service connection for the Veteran's neck and back disabilities, finding that they are related to in-service injuries. The decision is based on direct service connection.

The Veteran's initial claim for increased ratings for DDD of the lumbar spine and associated radiculopathy was denied. The Veteran is currently evaluated at 40 percent disabling for DDD of the lumbar spine.,For the period from July 11, 2013 to June 25, 2015, the Veteran's left lower extremity radiculopathy associated with DDD of the lumbar spine was evaluated at 20 percent. The Board found that this evaluation is appropriate and denied a higher rating.

The Veteran's claim of service connection for kidney cancer is reopened and granted. The lumbar spine disability claim is remanded.

The Board has remanded the case due to inadequate examination and need for further development regarding service connection for cervical spine spondylosis.

The Board has remanded the Veteran's claim for service connection of a lower back disorder due to insufficient reasoning in the January 2018 VA examination. The examiner did not adequately consider the Veteran's lay testimony regarding continuous symptoms and treatment following service, nor did they address whether the current disability could be related to his active service.