Back / lumbar spine decisions — 2020

The Board has dismissed the appeals for service connection of right shoulder, back, acquired psychiatric disorder to include PTSD shown as prominent borderline personality traits, and left shoulder conditions due to the Veteran's death.

The Board denied service connection for upper back/neck disorder and a middle back injury due to lack of evidence linking these conditions to service.

The Board has remanded the claims for service connection due to incomplete records, and the Veteran's hearing loss disability is currently rated as noncompensable.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to December 3, 2012, finding that his service-connected conditions did not prevent him from securing or following a substantially gainful occupation.

The Veteran's claim for an initial rating in excess of 50 percent for service-connected somatic symptom disorder associated with degenerative arthritis of the lumbar spine has been dismissed due to the death of the claimant.

The Veteran's bilateral knee disability is granted service connection. The low back condition and left hand condition are remanded for further examination and opinion. The initial ratings for the left elbow fracture and wrist fracture are also remanded.

The Veteran's left nose scar is rated at 30 percent, and his lumbosacral spine strain remains at a 10 percent rating. The decision on the increased rating for lumbosacral spine strain was denied.

The Veteran's service-connected low back disability and bilateral lower extremity radiculopathy rendered him unable to secure or follow a substantially gainful occupation as of January 4, 2008. The Board granted the TDIU rating from that date.

The Veteran's service-connected low back strain and associated radiculopathy render him unable to secure or follow a substantially gainful occupation prior to February 1, 2017.

The Veteran's claims for special monthly pension based on the need for aid and attendance of another and statutory housebound status are granted. The Veteran meets the criteria for SMP due to a single service-connected disability (nonservice-connected depression) rated at 100% and additional conditions rated at 60%. He does not require regular aid and attendance or is substantially confined to his dwelling.

The Veteran's claims for chest pain, neck strain and degenerative arthritis of the cervical spine, limitation of flexion due to right hip and left hip strains, limitation of extension due to right hip and left hip strains, and limitation of abduction due to right hip strain are being remanded. The Veteran's TBI residuals and cervicogenic headaches (claimed as headaches) prior to November 5, 2010, from November 5, 2010 to October 1, 2019, prior to October 2, 2019, from October 2, 2019 onward, and cervicogenic headaches from October 2, 2019 onward are also being remanded. The Veteran's lumbar spine disability is also being remanded.

The Board has determined that additional development is needed to obtain medical records from Dr. Monahan and a legible copy of the December 2018 correspondence from Dr. Drummond, before these claims can be adjudicated.

The Veteran is granted a TDIU rating for the entire appeal period prior to January 11, 2016 due to his service-connected DISH of the thoracolumbar spine and bilateral hips.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability for the left ankle, right ankle, lumbar spine, or hypothyroidism conditions. For allergic rhinitis, a compensable rating was not granted.

The Board denied service connection for a right knee condition and a back condition, both secondary to service-connected bilateral ankle sprains. Service connection was granted for bilateral hearing loss and bilateral tinnitus.,Additional issues of left knee condition, right foot condition, and breathing condition are remanded.

The Board denied the Veteran's claim of service connection for a lumbar spine disability, finding that there was no evidence of chronic back condition in service or within the applicable presumptive period. The Board also found that the current degenerative arthritis of the spine is not related to any in-service injury or disease and is not aggravated by a service-connected disability.

The Board has granted service connection for a low back disability, characterized as degenerative disc disease, stenosis, spondylosis, and facet arthropathy of the lumbar spine. The decision is based on the Veteran's in-service injuries and his current medical condition.

The Veteran's low back disability is granted a 40 percent rating, but no higher. The right and left knee disabilities are remanded for additional development.

The Board has remanded the cases for additional development due to lack of substantial compliance with previous remand directives.

The Board has remanded the claims for service connection due to insufficient examination and remand instructions not being followed. The Veteran's back disability claim is also remanded as it did not comply with the remand instructions.