Back / lumbar spine decisions — 2020

The Board has determined that additional development is needed for the issues of evaluating lumbar DDD and determining a TDIU prior to May 31, 2012. The Veteran will need to undergo a VA examination to assess his current level of disability and the examiner must provide information regarding pain during range of motion testing, functional loss due to pain, and any potential ankylosis.

The Veteran's claims for increased ratings for his right shoulder and low back disabilities have been denied. The Board found that the current disability ratings adequately reflect the severity of the Veteran’s conditions.

The Veteran's initial and increased rating claims for his service-connected degenerative joint disease of the lumbar spine are being remanded due to the need for additional medical examination.

The Board has remanded the case due to new evidence and for further development.

The Board has dismissed the appeals for right cervicothoracic pain and tinnitus as they have been withdrawn by the Veteran. The remaining issues of service connection for various conditions are remanded due to new evidence being added to the record.

The Board has granted service connection for the Veteran's lumbar spine degenerative joint disease, finding that the evidence is at least in equipoise as to whether it is related to his military service.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there was no evidence to support an etiological relationship between his current condition and active service.

The Veteran's petition to reopen his claim for right elbow disability was granted, and the appeal is granted to this extent only. Service connection for lumbar spine spondylolisthesis, finding of CUE in the February 1977 rating decision, is also granted.

The Veteran's claim for a higher rating for bilateral hearing loss was denied due to his failure to report for a scheduled VA examination.,Service connection for an acquired psychiatric disorder, including schizoaffective disorder, was denied as the evidence did not show that it began during service or is related to in-service injury or disease.,Service connection for a low back condition and bilateral lower extremity radiculopathy were also denied because there was no current diagnosis of these conditions.,The Veteran's claim for bilateral lower extremity radiculopathy secondary to his low back condition was denied as the evidence did not show that he had a currently diagnosed low back disability or bilateral lower extremity radiculopathy.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability prior to September 13, 2018, and in excess of 20 percent thereafter. Additionally, the TDIU claim is also being remanded due to its inextricability with the lumbar spine disability claim.

The Board has remanded the Veteran's claims for service connection for right knee and low back disabilities, as these conditions are secondary to his service-connected left knee disability. The Veteran failed to attend a scheduled VA examination in October 2019.

The Board has remanded the Veteran's claims for bilateral hearing loss, back disability, right knee disability, and sleep apnea due to inadequate examination opinions and failure to address all relevant evidence.

The Veteran's low back condition is granted service connection, and his left shoulder disability is granted a 20% rating effective May 31, 2018. The patellofemoral syndrome of the bilateral knees issue remains pending.

The Board has remanded the Veteran's claims for service connection for a respiratory disability and cervical spine disability due to insufficient evidence, including an inadequate VA examination. The case will be returned to the agency of original jurisdiction (AOJ) with instructions to obtain additional treatment records and provide a new VA examination.

The Veteran's claims for increased ratings were denied. The rating for arthritis of the thoracolumbar spine, diabetes mellitus type 2, left and right lower extremity sciatic nerve diabetic peripheral neuropathy, and tinnitus have all been denied.

The Veteran's lumbar spine disability was initially granted and rated at 10% from September 1, 2005 to January 27, 2019. From March 1, 2019 onwards, the rating was increased to 20%. The claim remains on appeal for a higher rating.

The Veteran's appeal for a rating in excess of 20 percent for left shoulder impingement syndrome with rotator cuff tendonitis and labral tear has been withdrawn. The Board does not have jurisdiction to review the other issues as they are currently being developed.

The Veteran's claim for bilateral hearing loss was denied due to lack of evidence meeting VA standards.,The Veteran's claim for anxiety disorder was reopened and granted, with the additional evidence showing current diagnosis of anxiety disorder.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided by VA examiners. The claims will be returned for further development and consideration.