Back / lumbar spine decisions — 2020

The Board has decided that the Veteran's low back disability, including degenerative disc disease, is related to his in-service injury and finds it at least as likely as not caused by or otherwise etiologically related to the in-service injury. However, due to a lack of adequate medical opinion addressing continuity of symptomatology since service, the case is being remanded for further evaluation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's degenerative disc disease of the lumbar spine is related to a specific in-service parachute training incident. The examiner must consider the history provided by the Veteran and accept for purposes of this examination that the parachute incident did occur.

The appeal for service connection on multiple conditions has been dismissed due to the Veteran's death.

The Veteran's claim for increased ratings for his service-connected chronic lumbar strain is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Board has remanded the claims for service connection for low back disability and left knee disability due to incomplete STRs and non-compliance with previous remand instructions.

The Board denied the Veteran's claim for an effective date earlier than November 17, 2006, for the award of a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis. The evidence did not support TDIU prior to this date.

The Board denied service connection for jaw damage, low back disability, right ankle sprain, damaged larynx, varicose veins, TBI, and acquired psychiatric disorder (including PTSD).,Service connection was not granted as the evidence did not establish a link between any of these conditions and the Veteran's honorable period of active service.

The Veteran's claims for increased ratings and service connection were denied. The TBI, PTSD with depressive disorder/alcohol abuse, non-epileptic seizure disorder, GERD, CFS, and low back disorder are all rated at their maximum levels.

The Board has remanded the Veteran's claims for service connection due to insufficient development and consideration of his claims, particularly regarding the motor vehicle accident in May 1988. Additional VA opinions are needed to address the relationship between his current disabilities and service.

The Veteran's TDIU claim is remanded due to the need for updated VA examinations addressing his functional impairment resulting from service-connected somatic symptom disorder and orthopedic disabilities, including degenerative disc disease with bilateral lower extremity radiculopathy and bilateral knee disabilities.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation from December 16, 2009 to August 13, 2019.

The Veteran withdrew his appeals for a rating in excess of 20 percent for DDD of the lumbar spine, s/p laminectomy and an effective date earlier than August 11, 2015, for the grant of service connection for DDD of the lumbar spine, s/p laminectomy.

The Veteran's cervical spine degenerative joint disease was previously rated at 10 percent prior to July 12, 2018. Effective from July 12, 2018, the rating has been increased to 30 percent.,Since August 19, 2019, a higher rating for cervical spine degenerative joint disease is denied. The Veteran's lumbar spine degenerative joint disease was previously rated at 10 percent prior to July 12, 2018. Effective from July 12, 2018, the rating has been increased to 40 percent.,The Board has remanded the issue of entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's chronic thoracolumbar spine strain and lumbosacral strain have been rated at 10 percent since September 2014. The most recent VA examination found the combined range of motion to be 234 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5237.

The Court found the 2018 Board decision flawed due to an inadequate VA examination, which did not account for flare-ups and passive motion. The case is remanded for a new examination.

The Board has determined that the Veteran's current diagnosis of lumbar degenerative arthritis is related to his in-service injury, and thus service connection for this condition is granted.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's low back disorder and his military service. The Veteran is asked for a new medical examination to address his statements of chronic back pain since active duty.

The Board has granted service connection for a lower back disability and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to active service.

The Veteran's back disability is rated at 40 percent, but not higher. The Veteran also received an initial 40 percent rating for his right lower extremity neurological impairment.

The Board denied service connection for a lumbosacral strain and degenerative disc disease status-post surgery, finding that the current conditions are not related to active service. Service connection was also denied for right foot drop due to lack of evidence linking it to service.