Back / lumbar spine decisions — 2020

The Board has remanded several issues related to the Veteran's lumbar spine, left ankle, and right heel conditions due to insufficient information regarding flare-ups in medical examinations. The issues include increased ratings for these conditions.

The Veteran's lumbar spine DDD disability has been granted a 40 percent evaluation, but no higher, for the period prior to May 21, 2019. For the period beginning May 21, 2019, his condition does not meet the criteria for an increased rating.

The Board has remanded the case for additional development to determine the current severity and manifestations of the Veteran's service-connected disabilities, including right hand degenerative joint disease, thoracolumbar spine degenerative disc disease status post thoracic compression fracture, systemic hypertension, esophageal reflux and chronic gastritis, left leg neuropathy, and right leg neuropathy. The case will also be remanded to obtain VA medical opinions regarding the nature and etiology of any sleep disorder, ulcerative colitis, and sinusitis/allergic rhinitis.

The Board has remanded the issue of service connection for a thoracolumbar spine disability, to include scoliosis, due to aggravation of a pre-existing condition. The case is returned to the AOJ for further consideration.

The Veteran's initial ratings for cervical spine DDD and lumbar spine disability were granted, with the cervical spine rating being increased from 30% to 40%, effective June 21, 2013. The lumbar spine rating was also increased from 40% to 40%, but remains unchanged.

The Veteran's restoration of a 40 percent rating for her lumbar spine disability, effective July 1, 2018, is granted. A TDIU is also granted.

The Veteran's claims for erectile dysfunction, urinary frequency, loss of bladder control, and left shoulder disability have all been denied as they are not service-connected.,Service connection has not been established for any of the conditions listed.

The Veteran's back condition, diagnosed as degenerative disc disease and herniated disc with spinal fusion, is considered to have had its onset during his military service. The Board has granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, and obtaining a VA opinion to determine the etiology of the Veteran's hypertension. The issues of service connection for back condition, bilateral knee condition, and hypertension remain under consideration.

The Board has remanded the claims for initial ratings and effective dates due to incomplete development. The VA examinations were not reviewed by the AOJ before a supplemental statement of the case was issued.

The Veteran's appeal for service connection of a low back disability has been dismissed due to his death.

The Board has remanded the Veteran's claims for an increased rating for lumbosacral strain and for a TDIU effective date prior to June 21, 2016. The claims are being returned for further development.

The Board denied the Veteran's claim for a TDIU prior to January 11, 2006 as his service-connected disabilities did not render him unemployable at that time. The evidence showed he was employed in part-time capacity until the end of 2005.

The Veteran's service-connected disabilities of PTSD, lumbar spine disability, and tinnitus did not render him unable to obtain and maintain substantially gainful employment prior to November 3, 2017. Therefore, the claim for TDIU prior to this date is denied.

The Board has denied the Veteran's claims for service connection for a right hip disorder and a thoracolumbar spine disorder, finding that there is no evidence to support the Veteran's assertions of in-service injury or exposure.

The Veteran's claims for increased ratings for various spinal and peripheral nerve disabilities have been denied. The effective dates for service connection are also denied.

The Board has granted service connection for the Veteran's cervical spine disability, finding that it is secondary to his service-connected thoracolumbar spine disability.

The Board dismissed the appeals as to all issues related to service connection due to the Veteran's withdrawal of his appeal.

The Veteran's claim for a higher rating for his lumbar disability and initial rating for left lower extremity radiculopathy were both granted. The lumbar disability is rated at 20 percent, effective February 6, 2014.

The Veteran's thoracolumbar spine, right wrist, and left wrist disabilities are each rated at the maximum allowable under VA regulations. The Board finds no basis to grant higher ratings for these conditions.