Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for service connection for bilateral color blindness, finding that there was no evidence to support a link between his current condition and military service.,For the period on appeal, the Veteran's right ankle disability was rated at 10 percent. The Board found that it did not warrant an increased rating as his symptoms were within the scope of the existing 10 percent rating.

The Veteran's lumbosacral DDD with spondylosis was rated at 10% from November 25, 2009 through November 17, 2019 and at 20% from November 25, 2009 to November 17, 2019. The Veteran's left lower extremity radiculopathy was rated at 20% from November 25, 2009 through November 17, 2019 and the rating for this condition has been increased to 40% since November 18, 2019. The Veteran's TDIU claim is remanded.,The Veteran’s lumbosacral DDD with spondylosis was rated at 10% from November 25, 2009 through November 17, 2019 and at 20% from November 25, 2009 to November 17, 2019. The Veteran's left lower extremity radiculopathy was rated at 20% from November 25, 2009 through November 17, 2019 and the rating for this condition has been increased to 40% since November 18, 2019. The Veteran's TDIU claim is remanded.

The Veteran's TDIU claim was denied as his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Veteran's claim for a higher rating for IVDS of the thoracolumbar spine prior to March 11, 2017 is denied.,A compensable rating for RLE radiculopathy prior to March 11, 2017 is granted.,The Veteran's claim for a higher rating for IVDS with cervical strain prior to February 14, 2015 is denied.,The Veteran's claim for a higher rating for post-operative right shoulder debridement/bursectomy/decompression/SLAP repair (dominant) prior to February 14, 2015 is denied.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities, finding that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The Veteran's appeal for TDIU is dismissed because he has a total schedular rating for his service-connected disabilities. The appeal for SMC under the housebound or aid and attendance criteria is also dismissed as there are no conditions that meet the requirements for these benefits.

The Board has determined that the Veteran's back disability is causally related to his active service, and therefore grants entitlement to service connection for a back disability.

The Board has dismissed all appeals for increased ratings as the Veteran requested withdrawal of these issues before a decision was made.

The Veteran's claims for increased ratings for his lumbar spine disability and LLE radiculopathy are remanded due to the need for additional medical opinions regarding functional impairment during flare-ups.

The Veteran's appeal is remanded due to a lack of VA examinations for his service-connected mood disorder with PTSD and degenerative disk disease of the lumbar spine. The AOJ should attempt to reschedule these exams, obtain any relevant non-VA treatment records, and provide the Veteran another opportunity to be examined.

The Board denied a rating in excess of 60 percent for the Veteran's lumbar spine injury, finding that the disability does not meet or approximate unfavorable ankylosis.

The Board has found that additional development is needed due to the Veteran's undeliverable mail and has ordered it to be sent again. The case will now be remanded for further action.

The Board has remanded the Veteran's claims for service connection and rating increases due to his various conditions, including gout, low back issues, knee problems, achilles tendonitis, diabetes, blood pressure disorders, left Achilles condition, heart condition, sinusitis, and GERD. The Veteran will need to undergo additional examinations and obtain addendum medical opinions regarding his mental health, left Achilles condition, diabetes, sinusitis, blood pressure disorder, and heart disability.

The Board has remanded the cases for further development due to missing service treatment records and inadequate VA examination opinions. The Veteran's claims of bilateral knee condition, low back condition, and diaphragm injury are being reviewed again.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine disability and denied a rating in excess of 10 percent for his left lower extremity radiculopathy.

The Veteran's service-connected adjustment disorder, back disability, left knee disability, and tinnitus have rendered him unable to secure or follow a substantially gainful occupation since July 25, 2012. The Board has granted the TDIU from that date.

The Board has remanded the case due to insufficient rationale in the VA examiner's opinion regarding the relationship between the Veteran's back condition and his service-connected lateral femoral cutaneous neuropathy, right thigh. The Veteran's lay statements and a private medical opinion are also considered.

The Board has granted service connection for the Veteran's lumbar spine disability, but remanded the issue of service connection for a cervical spine disability.

The Veteran is granted a rating of 40 percent for his back disability beginning November 8, 2018.,Prior to October 4, 2012, the Veteran was not entitled to an initial rating in excess of 10 percent for his back disability.

The Veteran withdrew his appeals regarding the increased rating for lumbar spine disability and service connection claims for left shoulder, vision problems, sinusitis, muscle spasms, migraine headaches, and ankle sprains. The appeal is dismissed as a result.