Back / lumbar spine decisions — 2020

The Veteran's back disability is not related to service, and the appeal for this condition is denied.,The Veteran's asthma was not caused or aggravated by service, and the appeal for this condition is denied.,Resolving reasonable doubt in favor of the Veteran, his bilateral hearing loss and tinnitus are considered to have had their onset during active duty service, and he is granted service connection for these conditions.,A right knee/leg disability is not related to service, and the appeal for this condition is denied.

The Board has remanded the Veteran's claims due to new evidence received after his previous denial, and for additional examinations.

The Veteran's service-connected mechanical low back pain is rated at 40 percent effective February 20, 2020. The rating for left lower extremity radiculopathy has been increased to 40 percent effective the same date.,A separate 20 percent rating for right lower extremity radiculopathy remains denied.

The Veteran's lumbar spine disability and radiculopathy of the right sciatic and femoral nerves are currently rated at 40 percent, 20 percent, and 20 percent respectively. The appeal is denied as there is no evidence to warrant a higher rating.

The Veteran's cervical spine disability is currently rated at 10 percent, and the Board finds that it does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the claims for service connection for lumbosacral spine degenerative joint disease and osteoarthritis of the neck due to new evidence submitted by the Veteran.

The Veteran's tinnitus is granted as service-connected, but her left ear hearing loss and issues related to low back strain, migraines, umbilical hernia, and uterine fibroids are denied.

The Veteran's application to reopen the claim of entitlement to service connection for a low back disorder was denied due to lack of new and material evidence. The left ankle and bilateral foot disorders are being remanded for further evaluation.,Service connection is being remanded for the Veteran's left ankle disorder and bilateral foot disorder, including hammer toes, hallux valgus, and degenerative arthritis.

The Board denied service connection for bilateral knee disability, cervical spine disability, lumbar spine disability, peripheral neuropathy of the lower extremities and right upper extremity, hypertension, and arthritis.,There is no evidence showing that any of these conditions began during active service or within one year after separation.

The Veteran's lumbar spine disability was granted a 40 percent rating from November 2, 2018 to July 31, 2019. The cervical and lumbar spine disabilities were denied increased ratings prior to August 1, 2019, while the right and left knee disabilities were denied initial ratings in excess of 10 percent.

The Veteran's anxiety disorder with major depressive disorder is granted a 70 percent rating, radiculopathy of the right and left lower extremities are each granted a 10 percent rating, and her right shoulder sprain is granted a 40 percent rating. The Veteran is also granted TDIU.

The Board has remanded the claims for additional development due to incomplete remand directives. The Veteran's service-connected disabilities are being evaluated for their potential impact on his claimed conditions.

The Veteran's service connection claims for chronic fatigue syndrome, fibromyalgia, heart condition, hypertension, right arm shaking (Gulf War Syndrome), left arm shaking (Gulf War Syndrome), dizziness, pain/tenderness on jaw, cheek bones and forehead (myalgia), headaches, sinusitis, non-allergic vasomotor rhinitis, PTSD with associated depression and anxiety, right shoulder pain, left shoulder pain, trochanteric pain syndrome of the right hip, trochanteric pain syndrome of the left hip, degenerative arthritis of the right knee, degenerative arthritis of the left knee, degenerative arthritis of the right ankle with ankle strain and calcaneal spur, left ankle strain, cervical spondylosis, lumbosacral strain, erectile dysfunction (Gulf War Syndrome), and tonsillitis have all been denied.,The Veteran's service connection claims for chronic fatigue syndrome, fibromyalgia, heart condition, hypertension, right arm shaking (Gulf War Syndrome), left arm shaking (Gulf War Syndrome), dizziness, pain/tenderness on jaw, cheek bones and forehead (myalgia), headaches, sinusitis, non-allergic vasomotor rhinitis, PTSD with associated depression and anxiety, right shoulder pain, left shoulder pain, trochanteric pain syndrome of the right hip, trochanteric pain syndrome of the left hip, degenerative arthritis of the right knee, degenerative arthritis of the left knee, degenerative arthritis of the right ankle with ankle strain and calcaneal spur, left ankle strain, cervical spondylosis, lumbosacral strain, erectile dysfunction (Gulf War Syndrome), and tonsillitis have all been denied.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence to support a direct relationship between his in-service bone graft and his current low back condition. The Board also found insufficient evidence to establish secondary service connection based on his cervical spine disability.

The Board denied increased ratings for spine disability, hypertension, and lipoma. The claim for service connection for an eye disability was also denied.

The Veteran's lumbar spine disability is currently rated at 20% and denied for an increased rating prior to August 18, 2015, and in excess of 20% thereafter.

The Veteran's claims for service connection for various conditions have been denied. The Board found that the evidence did not support a relationship between any of these conditions and his military service.

The Board has granted service connection for cervical and lumbar spine disabilities, as well as bilateral knee disabilities (claimed as degenerative arthritis), based on continuity of symptoms since service.

The Veteran's service-connected PTSD is granted at a 70 percent rating, effective from the date of the decision. The lumbar spine scoliosis is also granted as service connected due to aggravation during service.

The Veteran's lumbar spine disability is rated at 40 percent effective from February 18, 2014. The rating for right lower extremity radiculopathy was increased to 20 percent effective March 5, 2020.