Back / lumbar spine decisions — 2020

The Veteran's bilateral hearing loss disability is rated as noncompensable, with no improvement sought.,The Veteran's DDD with facet arthritis disability remains at a 20 percent rating. The case was remanded for further development and readjudication.,A separate 10 percent rating has been granted for the Veteran's sciatica, left lumbar disability associated with his DDD with facet arthritis.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment, and he is granted a TDIU effective May 31, 2006. SMC based on the need for regular aid and attendance is denied.

The Board denied service connection for lower back disability and gastritis, finding the evidence against a finding that these conditions began during service or are related to in-service injury or disease.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, and therefore his TDIU claim is denied.

The Board denied service connection for various conditions, including bilateral hearing loss, tinnitus, left and right shoulder disabilities, low back disorder, multiple joint pain, diabetes mellitus type II, residuals of a head injury (TBI), and vertigo. The reasons were that the Veteran did not have evidence of these conditions during or immediately after military service, and there was no clear connection to service.

The Board has found deficiencies in the February 2017 VA examination report and requires a remand to address whether the Veteran's psychiatric disability clearly and unmistakably preexisted entrance into active duty.

The Board has determined that further development is needed to obtain VA outpatient records, including those from the VAMC in Minnesota. The Veteran's claims for service connection are remanded due to incomplete record retrieval.

The Veteran's service-connected disabilities did not preclude him from securing and maintaining substantially gainful employment, thus the claim for total disability rating based on individual unemployability (TDIU) is denied.

The Board has granted service connection for a low back disorder, but denied service connection for right knee and ankle disorders. The appeal regarding the right shoulder disorder is being remanded.,Service connection was granted for a low back disorder due to superimposed injury on a congenital defect of spina bifida occulta.

The Board has decided that the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, back disorder, and neck disorder needs further review due to insufficient medical opinions.

The Veteran's initial rating for his service-connected cervical spine disability was denied, but a separate 20 percent rating was granted for right upper extremity radiculopathy associated with the cervical spine disability.

The Veteran's right knee disability is rated at 20 percent since June 7, 2016 and 10 percent prior to that date. The lumbar spine disability remains rated at 40 percent.,Service connection for a right hip disability, right shoulder disability, and left knee disability are remanded due to insufficient examination opinions addressing the required elements of service connection.,,

The Board has remanded the cases due to additional development being necessary, including obtaining an addendum medical opinion regarding whether the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected bilateral hip disabilities.

The Veteran's lumbar spine disability is rated at 40 percent disabling from October 19, 2011, to the present. The Board found that the claim for a higher rating was denied as there was no evidence of unfavorable ankylosis or incapacitating episodes.

The Board dismissed all appeals for service connection and increased ratings due to the appellant's death.

The Board has denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there is no evidence of chronicity or continuity of symptomatology after separation from service and concluding that the current lumbar spine disorder is less likely as not related to active duty.

The Veteran's bilateral upper extremity, back, and psychiatric disabilities are not service-connected.,VA treatment did not result in additional disability or make existing disabilities worse.

The Board has remanded the claim for service connection for a back disorder due to incomplete records and need for additional evidentiary development.

The Board has remanded the Veteran's claims for service connection for low back, right knee, and left knee disabilities due to inadequate consideration of his lay statements regarding the onset and continuity of symptoms.

The Board has dismissed the appeals for service connection of left knee and back disabilities, as well as a claim for total disability rating based on individual unemployability due to service-connected disabilities because the appellant died during the appeal process.