Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for sinusitis, lumbar spine disability, headaches, right ear hearing loss disability, and left ear hearing loss disability due to inadequate opinions in his VA examinations.

The Veteran's initial claim for a disability rating of 10 percent for degenerative arthritis of the lumbar spine was granted from December 19, 2012 to September 29, 2019. The appeal is denied for any higher ratings after that date.

The Veteran's PTSD claim is dismissed as the appeal does not involve service connection.,Service connection for degenerative arthritis of the lumbar spine is granted based on in-service back complaints and current diagnosis.

The Board denied the Veteran's claims for increased evaluations and service connection for various conditions, including diabetes mellitus, right-knee disorder, left-knee disorder, lumbar-spine disorder, left-lower-extremity neurological disorder (sciatica), erectile dysfunction, and hypertension.

The Board denied the request to revise a January 1974 rating decision that granted a noncompensable rating for residuals of bullet wound, lumbar area. The Veteran argued that he should have received a higher rating due to his through and through wound and hospitalization, but there was no evidence showing consistent symptoms or muscle loss.

The Veteran's low back disorder and right hip disorder were denied as not incurred or aggravated by service.,Both knees were evaluated for increased ratings, with the left knee initially rated at 10% prior to September 8, 2014, and at 20% thereafter. The right knee was also rated at 10%. Both knees are currently rated as 10%.

The Board has remanded the Veteran's claims for higher ratings for his thoracolumbar spine disability due to inadequate examination reports and the need for further medical opinion regarding functional loss during flare-ups.

The Board has decided that additional development is needed for the veteran's claims of service connection for a left knee condition and secondary service connection for a back condition. The claims are being remanded to obtain medical records and provide an opinion on the etiology of the conditions.

The Veteran's appeal is being remanded for additional development, including obtaining a retrospective opinion regarding the severity of his lumbosacral strain from February 26, 2010 to April 10, 2016. The TDIU claim is also inextricably intertwined with the rating claim and requires the Veteran to submit a VA Form 21-8940.

The Board denied service connection for a lower back disability, finding that the Veteran's current condition is not related to his military service. Service connection was also denied for peripheral vascular disease as secondary to a lower back disorder due to lack of evidence linking it to service.,Service connection for osteoarthritis of the left knee was granted based on medical records showing the Veteran had symptoms since his in-service injury.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 1, 2013. The decision found that the Veteran was gainfully employed and engaged in marginal employment due to her service-connected disabilities.

The Board has remanded the claims for a left shoulder disability, low back disability, and neck disability due to insufficient medical opinions.,The Veteran's STRs document multiple instances of complaints and treatment related to his current disabilities.

The Veteran's right shoulder impingement syndrome and lumbar spine arthritis were evaluated, but the appeals for increased ratings were denied as there was no evidence of impairment warranting higher ratings under applicable VA rating criteria.

The Board has decided to remand the claims for lower back disability, left and right lower extremity radiculopathy secondary to a lumbar spine disability due to in-service continuous back pain and other relevant factors.

The Board has remanded the Veteran's claims for service connection due to inadequate consideration of relevant lay evidence and VA examination opinions. The claims are being returned for further development.

The Veteran's claims for increased evaluations and service connection were denied. The Board also found that the Veteran’s claim of a separate disability evaluation for his spine was remanded.

The Board has granted an initial 40 percent disability rating for service-connected lumbar spine degenerative disc disease. The claim for TDIU prior to February 8, 2019 is referred to the Director, Compensation Service, for extraschedular consideration.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining his VA treatment records and conducting a new examination if necessary. The issues include determining an appropriate rating for his lumbar spine disability with associated radiculopathy of the left lower extremity, deciding on the propriety of the assigned rating for radiculopathy of the left lower extremity, and addressing service connection for bilateral knee disorders.

The Board has remanded the case for additional development, including a VA examination to determine the current severity of the Veteran's service-connected lumbar spine disorder following his May 2020 surgery.

The Veteran's lumbar spine disability is granted a rating of 20 percent, but no higher. The Veteran's left lower extremity radiculopathy is denied any increase in rating.