Back / lumbar spine decisions — 2020

The Veteran's claim for TDIU prior to August 27, 2012 was denied as he did not meet the schedular requirements for a TDIU. The effective date for DEA benefits under Chapter 35, Title 38, United States Code was also denied due to lack of basic eligibility.

The Board has decided to remand the cases for additional development due to incomplete records, specifically missing SSA records that could help substantiate the Veteran's claims.

The Board has granted service connection for right ear hearing loss. The remaining issues, including respiratory disability, psychiatric disorder, cervical and thoracolumbar spine disabilities, and foot disabilities, are remanded for further development.

The Board has decided to remand the claims for a right knee disorder, thoracolumbar spine disorder, bilateral foot disorder, toe disorder, and PTSD. Additional evidence is needed as VA medical opinions are required to address the nature and etiology of these conditions.

The Veteran's initial staged rating for thoracolumbar spondylosis with foraminal disc protrusion/stenosis, strain post laminectomy was denied as his disability did not meet the criteria for a higher rating.,The Veteran's claim for a compensable initial rating for allergic rhinitis was also denied due to lack of evidence showing greater than 50 percent obstruction on both sides or complete obstruction on one side.

The Board's decision on the increased rating for a lower back condition is vacated and the matter is dismissed due to lack of proper process under the Appeals Modernization Act.

The Board has remanded the case due to an inadequate addendum opinion regarding the aggravation of the Veteran's bilateral knee condition by his service-connected left hip degenerative arthritis, right hip synovitis and/or degenerative disc disease of the thoracolumbar spine and associated radiculopathy.

The Board has remanded the issues of service connection for back, left ankle, and right ankle disorders, as well as an increased rating for the service-connected left shoulder partial rotator cuff tear. The Veteran will need to undergo further VA examinations.

The Veteran's claim for an increased rating for his back disability is remanded due to the possibility of outstanding VA treatment records. The case will be returned to the Board after obtaining any relevant medical records.

The Board has dismissed the appeals for higher initial ratings for migraines and anal fissure. The remaining issues of remanding for further development have been identified.

The Veteran's disability rating for chronic lumbosacral muscle strain, degenerative changes and lumbosacral spine instability, and sacroiliac arthritis was restored to 40 percent effective March 1, 2016. For the entire rating period on appeal, a higher disability rating is denied.

The Veteran's appeals for service connection for lumbar spine degenerative joint disease, right lower extremity neurologic impairment, left lower extremity neurologic impairment, and stomach disability have been REMANDED due to incomplete records and need for additional medical opinions. The issues of entitlement to nonservice-connected pension benefits were withdrawn by the Veteran.

The Veteran's appeal for a compensable evaluation for perforated left eardrum was dismissed.,The application to reopen the claim of service connection for a back disability was denied, as new and material evidence had not been submitted within the one-year appeal period.,The application to reopen the claim of service connection for bilateral hearing loss was granted. The Veteran's bilateral hearing loss is etiologically related to military noise exposure.

The Board has remanded two claims: one for service connection for lumbar radiculopathy (right leg pain) and another for degenerative disc disease of the lumbar spine (back pain). The Veteran was not provided with a VA examination to determine the etiology of his conditions, so the case is being sent back for further evaluation.

The Board has granted the Veteran's petition to reopen his claims for service connection for sleep apnea, right hip bursitis, a lumbar spine disability, and a depressive disorder. The appeals are now remanded due to new evidence received since the last final decisions.

The Board denied service connection for COPD, bilateral hearing loss disability, tinnitus, lumbar spine disorder with lower extremity radiculopathy, and cervical spine disorder with upper extremity radiculopathy as the evidence did not support a link to service.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations. The Veteran is seeking service connection for various disabilities, including headaches, a right knee disability, a back disability, a left shoulder disability, and a left hand and thumb disabilities.

The Board has determined that additional development is needed before the Veteran's claims can be decided, as the VA did not substantially comply with a previous remand. The issues on appeal are related to the severity of service-connected low back and right leg disabilities.

The Veteran's appeal for increased ratings for various hip and knee conditions, as well as service connection for hypertension, is dismissed. Service connection for hypertension was granted.

The Veteran's claims for increased ratings and service connection were denied. The Board upheld the initial rating decisions, except for granting a separate 10 percent rating for LLE radiculopathy from February 2, 2005 to April 16, 2007.