Back / lumbar spine decisions — 2020

The Board has decided to remand the Veteran's claims for service connection and increased rating due to insufficient medical opinions regarding the nature and etiology of his mid and upper back disability, as well as whether it is related to his service-connected chronic muscular strain with degenerative changes at L5-S1.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Board has remanded the claims of a rating in excess of 10 percent for right knee tendinopathy and service connection for lumbosacral strain as secondary to right knee tendinopathy.

The Board has remanded the claims of entitlement to an effective date prior to November 19, 2012, for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities and for the establishment of basic eligibility for Dependents’ Educational Assistance (DEA) benefits. The AOJ is instructed to refer these matters to VA’s Director of Compensation Service for consideration of whether TDIU is warranted on an extra-schedular basis, and to ensure that all pertinent evidence has been obtained.

The Veteran's depression has been rated at 30 percent, and the Board finds that an increased rating is not warranted due to his symptoms being productive of occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has remanded the Veteran's claims for additional development due to missing records and deficient examinations. The issues include rating his lumbar spine degenerative changes, cervical syndrome with mild degenerative changes, and TDIU.

The Board has decided to remand the case due to the need for a new VA examination to assess the current severity of the Veteran's lumbar spine disability.

The Board has denied the Veteran's claims for service connection for right shoulder and lumbar spine disorders, finding that there is no evidence to support a causal relationship between these conditions and his military service.

The Board has dismissed the appeals for osteoarthritis of the low back, bilateral hearing loss, renal condition, right hip disability, cervical spondylosis, left knee disability, and left hand disability as the Veteran withdrew his appeal.

The Veteran's lower back disability is now rated at 20 percent effective March 15, 2019. The initial evaluations for left and right lower extremity radiculopathy remain denied. The lumbosacral region scar remains non-compensable.

The Veteran's rotoscoliosis and intervertebral disc syndrome (lumbar spine disability) are currently rated at 40 percent, but the Board finds that a higher rating is not warranted.,Service connection for degenerative arthritis of the bilateral shoulders and cervical degenerative disc disease remains pending as additional development is needed.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to February 13, 2020, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The case is REMANDED for further development and adjudication, including consideration of a TDIU claim.

The Veteran's right and left ankle disabilities were initially rated at 10 percent prior to August 7, 2019. Beginning on that date, the rating was increased to 20 percent for each ankle. The thoracolumbar spine disability was denied a rating in excess of 10 percent prior to August 7, 2019.

The Veteran's headaches associated with TBI are rated at 50 percent, the maximum schedular rating under DC 8100.,PTSD is currently rated at 70 percent and does not meet the criteria for a higher rating.

The Veteran's knee and back disabilities are not service-connected, so he is denied a clothing allowance for the benefit year 2018.

The Veteran's back disability is remanded due to the need for a VA examination.

The Veteran's lumbar spine degenerative arthritis was granted a 40 percent evaluation from April 30, 2014 to May 12, 2015. Prior to that date, the condition was rated at 10 percent and denied any higher ratings.

The Board denied service connection for a lumbar spine disorder and a left hip disorder, finding that the disorders did not manifest in service or are otherwise unrelated to military service.

The Board has remanded the case due to inadequate examination findings and failure to comply with previous remand directives. The Veteran's service-connected lumbar spondylosis and right leg radiculopathy need further evaluation.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and bilateral knee disabilities, finding that there is no evidence of such conditions during or immediately following service, and no credible continuity of symptomatology. The Board also found no medical opinion linking current diagnoses to service.