Back / lumbar spine decisions — 2020

The Veteran's claim for an initial rating in excess of 10 percent for service-connected tinnitus, bilateral hearing loss, and PTSD has been denied. The claims for effective dates earlier than March 25, 2015, for the grant of service connection for these conditions have also been denied. The claim for COPD has been reopened due to new evidence submitted. Service connection for tension headaches is granted. Service connection for a back disability and high cholesterol are denied. Service connection for left shoulder and right shoulder disabilities as well as disabilities manifested by left and right hand numbness are not established. The Veteran's TDIU claim related to PTSD is remanded.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, but the Board finds that a higher rating is not warranted.,The reduction from 30 to 20 percent for left lower extremity radiculopathy was proper due to CUE in the original rating decision.

The Board has remanded the claims for service connection for left knee, back, and left hip disabilities as well as PTSD due to insufficient evidence or examination. The Veteran's statements of in-service injuries and duties are considered.

The Veteran's cervical spine disability was rated at 10 percent prior to December 19, 2017 and denied a higher rating. From December 19, 2017 onwards, the Veteran's disability remains rated at 10 percent.

The Board has remanded the Veteran's claims for further development due to conflicting evidence regarding his range of motion and functional loss. The case will be returned after compliance with appellate procedures.

The Veteran's low back disability is currently rated at 40 percent, effective from August 12, 2015. The appeal for a higher rating remains denied.

The Board has remanded the case due to a dispute over when the Veteran's TDIU should have been granted, and will be reviewed by the Director of Compensation Service for an extraschedular determination.

The Veteran's claim for higher ratings for his acquired psychiatric disorder and back disorder was denied. However, the Veteran received a grant of a 40 percent rating for thoracolumbar strain with chronic subscapular myositis from February 20, 2014. The decision is mixed as it granted one issue (back disorder) but denied another (PTSD and major depressive disorder).

The Board has remanded the Veteran's claims for lower back and bilateral foot disabilities as secondary to service-connected knee disabilities due to in-service duties. The VA examiners' opinions were inadequate, and an addendum opinion is needed.

The Board has dismissed the Veteran's appeals for service connection and increased rating claims related to his right knee, low back, and right hip disabilities due to their withdrawal by the Veteran's attorney.

The Board has denied service connection for cervical spine, bilateral shoulder, bilateral arm, lumbar spine, and myositis of the paralumbar spine muscles disabilities. The claims for bilateral hearing loss and tinnitus have also been denied.

The Board has remanded the Veteran's claims for service connection for various foot, ankle, hip, knee, and lumbar spine disorders due to incomplete examination findings and lack of addressing certain contentions.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there was no evidence to support a nexus between his current condition and his in-service injury or any other service-connected condition.

The Board denied the Veteran's claims for service connection for low back disability and bilateral foot disability, finding no evidence of a current disability related to service. The claim for service connection for an acquired psychiatric disorder was remanded.

The Veteran's service-connected thoracolumbar spine degenerative disc disease and degenerative joint disease are rated at 10 percent, which is the maximum rating available under VA regulations. The appeal for higher ratings on these conditions has been denied.

The Board has remanded the case due to inadequate rationale in a previous VA examination regarding the relationship between the Veteran's current lumbar spine disability and service.

The Veteran's claim for higher ratings on appeal is remanded due to the need for a new VA spine examination and additional records.

Your appeals for service connection of a back disorder and an eye disorder have been dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as they are now moot.

The Board denied service connection for a lumbar spine condition, finding that the evidence did not support a link between the Veteran's in-service injury and his current condition.

The Board has decided to remand the Veteran's claims for further development due to incomplete service treatment records and the need for addendum opinions regarding his low back condition and carpal tunnel syndrome.