Back / lumbar spine decisions — 2020

The Board has denied a rating in excess of 10 percent for the period prior to August 7, 2018, and in excess of 20 percent from that date forward. The TDIU claim is also remanded due to incomplete records.

The Veteran's lower back disability is granted as service connected.,Service connection for an acquired psychiatric disorder, to include anxiety and depression, is denied.,Bilateral lower extremity neurogenic claudication is granted as secondary to the now service-connected lower back disability.

The Veteran's claims for higher PTSD rating, service connection for lumbosacral spine disorder, and neurological disorders in the lower extremities are remanded due to need for additional medical examination.

The Veteran is granted a disability evaluation of 40 percent for radiculopathy in the right lower extremity, effective from September 4, 2019.,His low back disability remains at a 20 percent rating.

The Veteran's lumbosacral strain disability was rated at 10 percent from December 3, 2015 to December 25, 2019. The Board found that the evidence did not support a higher rating during this period.

The Board has denied the Veteran's claims for service connection for lumbar and thoracic spine conditions, finding that there is insufficient evidence to establish a link between his current conditions and his military service.

The Board has dismissed the appeals for increased disability ratings for bilateral knee strain and lumbosacral strain as they are no longer part of the legacy appeal system, which was replaced by the Appeals Modernization Act (AMA).

The Veteran's claim for a higher disability rating for his service-connected degenerative arthritis of the lumbar spine with intervertebral disc syndrome is being remanded due to incomplete VA examination reports and further development is needed.

The Board has granted the Veteran's claim for service connection for a cervical spine disorder, finding that his current diagnoses are causally related to his time in service.

The Veteran's claims for service connection were denied as new and material evidence had not been submitted to reopen the hepatitis C claim, and his PTSD, acquired psychiatric disorder (other than PTSD), low back condition, left knee condition, bilateral hearing loss, respiratory disorder, and cirrhosis of the liver claims were all denied due to lack of a causal relationship between service and these conditions.

The Board denied service connection for a chronic lumbar spine disorder and compensation under 38 U.S.C. § 1151 for left lower extremity deep vein thrombosis (DVT) incurred as a result of VA surgical treatment at the Spokane VAMC in July 1973.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,The Veteran was granted service connection for tinnitus and bilateral hearing loss on April 16, 2018. The right shoulder strain rating has been increased to 20 percent since June 26, 2018. Service connection for left lower extremity radiculopathy was established on the same date.,The Veteran's bilateral hearing loss and tinnitus have no effective dates earlier than April 16, 2018.,Right shoulder strain has an effective date of June 26, 2018. The left lower extremity radiculopathy was granted service connection on the same date.,The Veteran's left hamstring injury residuals and lumbar strain have no effective dates earlier than April 16, 2018.,Left knee strain has an effective date of June 26, 2018. The Veteran's right shoulder strain rating was increased to 20 percent on the same date.,The Veteran's lumbar strain and left knee strain have no effective dates earlier than April 16, 2018.

The Board has remanded the cases for further development due to the Veteran's failure to report for scheduled examinations. The issues of service connection and increased ratings remain on appeal, as does the issue of an effective date for TDIU prior to January 29, 2015.

The Board denied service connection for heart disability, hypertension, lumbar spine disability, right shoulder disability, and left shoulder disability as the evidence did not support a nexus to military service.

The Board has remanded the case for further development, including obtaining private medical records from McKinney Medical Center and readjudicating the service connection claims.

The Board is remanding the case to consider whether the Veteran's sciatica of the left lower extremity can be linked as secondary to his back/lumbar spine disability, which has not been service connected.

The Board denied the Veteran's claims of service connection for bilateral knee condition and back condition, finding that there was no evidence linking these conditions to his military service.

The Veteran's disability ratings for the period on appeal were sufficient to meet the criteria for special monthly compensation (SMC) based on statutory housebound status under 38 U.S.C. § 1114(s). The combined disabilities met the requirement of a single service-connected disability rated at 100 percent and additional service-connected disabilities collectively ratable at 60 percent.

The Veteran's TDIU claim is denied as his service-connected disabilities did not render him unable to secure and maintain substantially gainful employment.,His back disorder remains rated at 40 percent, effective November 21, 2014.

The Board has remanded several issues related to the Veteran's service connection claims, including for right hip disability, left hip disability, peripheral neuropathy, Parkinson’s disease, cervical degenerative disc disease, spinal stenosis, and other conditions. The VA is instructed to obtain the Veteran's SSA records.