Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities, including lumbosacral spine strain and degenerative disease, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee meniscectomy residuals, right knee patellofemoral syndrome, right knee recurrent subluxation, left knee patellofemoral syndrome, tinnitus, and other conditions, make him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and therefore the claim for TDIU is denied.

The Veteran's low back disability is rated at 40 percent, and he received a 10 percent rating for right lower extremity radiculopathy effective December 21, 2015. The other issues related to his lower extremities were denied or not granted.

The Veteran's claims for service connection for diabetes mellitus type II and lumbar spine degenerative disc disease are being remanded due to the need for additional development, including VA examinations.

The Board has denied service connection for left and right knee disorders, a right shoulder disorder, left and right ankle disorders, and a lumbar spine disorder all related to exposure to contaminated water at Camp Lejeune. The Veteran is not currently service connected for any disabilities.

The Board dismissed the claims for an initial compensable rating for bilateral hearing loss, service connection for glaucoma, and service connection for a skin disorder of the lower extremities. The claim for service connection for hypertension as secondary to diabetes mellitus disability was granted.

The Board has denied the Veteran's claims for service connection for PTSD, and has remanded his claims for service connection for a back disorder, left arm disorder, and left leg disorder due to insufficient medical opinions.

The Veteran's low back arthritis is granted a 40 percent rating, right lower extremity sciatic nerve radiculopathy is granted a 10 percent rating prior to December 15, 2015, and Meniere’s disease is granted a 30 percent rating from May 16, 2017. SMC based on housebound status is granted for the period January 1, 2016 to March 28, 2016.

The Board has remanded the claims for service connection for right hip, left hip, and lumbar spine disabilities due to inadequate VA examination.

The Veteran's appeal of service connection for sciatica, subluxation of the ribs, bilateral elbow disability, bilateral wrist/hand disability, bilateral ankle disability, pelvic disorder, residuals of an abdominal muscle injury, varicose veins (bilateral lower extremity), dizzy spells, balance impairment with assistive device, and difficulty swallowing has been dismissed.,The Veteran's appeal of service connection for a bilateral hip disability secondary to cervical, thoracic, and lumbar spine disabilities is remanded.

The Board has denied the Veteran's claims for service connection for low back and cervical spine disabilities due to a lack of credible evidence of an in-service injury. The Veteran's statements regarding his in-service injury are deemed less credible than other contemporaneous evidence, including his service personnel records and medical history.

The Board has remanded the claims for increased ratings for various service-connected disabilities, including right shoulder DJD, thoracolumbar spine DJD, cervical spine DJD, left index finger fracture, and right foot plantar fasciitis. The Veteran's claim of osteopenia/osteoporosis was vacated by a Joint Motion and remanded for further development.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the claims for bilateral hearing loss, tinnitus, and a lumbar spine disability due to insufficient medical opinions regarding their etiology. The Veteran's service records indicate exposure to loud noise during service which may be related to his current disabilities.

The Board denied service connection for neck and back disorders, finding that the Veteran's conditions were not incurred during active duty service.

The Board has remanded the Veteran's claims for service connection due to issues being inextricably intertwined and insufficient evidence. The case must be returned for further examination and opinion.

The Veteran's back condition is denied as not related to service.,The Veteran's right upper extremity CTS with median nerve compressive neuropathy does not meet the criteria for a rating greater than 30 percent.,The Veteran's left upper extremity CTS s/p carpal tunnel release with residual scar does not meet the criteria for a rating greater than 20 percent.

The Board has remanded the claims for service connection and TDIU due to insufficient evidence, including a lack of nexus opinions addressing the Veteran's lay statements about his in-service back injuries.

Entitlement to a rating in excess of 40 percent for lumbar spine degenerative disc disease with bulging disc, facet arthropathy, and degenerative spondylosis is denied.,For the appeal period prior to December 2, 2016, entitlement to higher ratings for right and left lower extremity radiculopathy was denied. For the appeal period between December 2, 2016 and October 18, 2019, entitlement to higher ratings for both conditions was also denied.,Entitlement to a 40 percent rating for right lower extremity radiculopathy beginning on October 18, 2019 is granted. Entitlement to a 40 percent rating for left lower extremity radiculopathy beginning on October 18, 2019 is also granted.

The Veteran's service-connected bilateral hearing loss and eye condition have been denied as they do not meet the criteria for a disability rating under VA regulations.,Service connection has also been denied for low back disorder, right lower extremity radiculopathy, and mood disorder.