Back / lumbar spine decisions — 2020

The Veteran's claim for an earlier effective date for the award of service connection for radiculopathy of the bilateral upper extremities was denied. The evidence did not show that cervical radiculopathy existed prior to November 23, 2009.,The Veteran's claim for an earlier effective date for his TDIU was also denied. His TDIU award was granted on November 23, 2009, and the current effective date remains January 18, 2005.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues of right ankle, bilateral foot, and low back disabilities are being reviewed again.

The Board has remanded the claims for service connection and increased ratings for knee conditions due to new evidence. The lumbar degenerative joint disease claim is pending, while the left and right knee patellofemoral syndrome are being reviewed for increased ratings.

The Board has denied the Veteran's claims for service connection for a back disorder, left knee disorder, bilateral thigh disorder, and nerve and balance disorder as these conditions are not attributable to active duty service.,The evidence does not establish that any of the claimed disorders were incurred or aggravated by active duty service.

The Veteran's right shoulder impingement syndrome status post acromial decompression surgery is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5201.,The Veteran's thoracic spine degenerative disc disease is currently rated at 10 percent. The appeal for a higher rating has been denied.

The Board has remanded the Veteran's claims of service connection for low back and left knee disabilities due to a lack of compliance with previous remand instructions. The case is returned for an addendum medical opinion.

The Board has remanded the cases of service connection for a back disorder, left ear hearing loss, and right ear disorder due to incomplete medical opinions.

The Board has remanded the case due to a lack of compliance with court rulings regarding the VA examination used in the previous decision. The Veteran will need to undergo a new VA examination to assess his lumbar spine disability.

The Veteran's claim for a TDIU was denied in the June 2015 rating decision, and the appellant is not eligible for attorney fees as there is no valid written fee agreement between the Veteran and the appellant.

The Veteran's back disability and radiculopathy of the lower extremities are rated at 40 percent before August 10, 2015. The rating for his back disability is granted, while ratings for his radiculopathy of the left and right lower extremities remain at 40 percent.

The Board has determined that the Veteran's left knee and low back conditions are not related to his military service or a service-connected disability, leading to denial of these claims.

The Veteran's lumbar spine disability is currently rated at 20 percent for the period prior to March 19, 2018 and at 40 percent thereafter. The Veteran's radiculopathy of the left lower extremity is also rated at 20 percent.,For the period prior to September 6, 2018, the Veteran's depressive disorder was rated at 30 percent; since then, it has been rated at 70 percent.

The Veteran's claims for increased ratings for lumbar degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy were denied as the evidence did not support a rating in excess of 20 percent for the lumbar condition or higher than 10 percent for the lower extremity radiculopathies.

The Board denied a rating greater than 40 percent for the Veteran's thoracic spine disability and remanded the issue of Dependents' Educational Assistance (DEA) benefits prior to February 23, 2011.

The Veteran's TDIU claim was granted as of August 30, 2010, based on his service-connected disabilities making it impossible for him to secure and follow substantially gainful employment.

The Veteran's claims for increased ratings for degenerative disc disease of the thoracic and lumbar spine and uveitis are being remanded due to the addition of VA treatment records, including visual field test results from a July 2016 examination. These records may be relevant to his disability evaluations.

The Board has remanded the claims for a foot disorder and back disorder due to insufficient evidence regarding their relationship to service. The Veteran's statements about his symptoms during service are considered, but an addendum opinion is needed from a VA examiner.

The Board has remanded the case due to unresolved issues regarding service connection for various conditions, including hypertension and sensory ataxia. The Veteran's claims for increased ratings on DDD of the cervical spine, LUE cervical radiculopathy, RUE cervical radiculopathy, and osteoporosis are also pending.

The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repeated use over time of his service-connected lumbosacral spine disability. The Veteran needs a supplemental opinion from the VA examiner.

The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment, leading to a grant of TDIU.