Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings are being remanded due to outstanding records that need to be obtained and reviewed.

The Board denied the Veteran's claim for a TDIU in January 2010, but remanded it. The February 2018 rating decision granted the TDIU based on service-connected conditions, and the RO issued the decision. However, there was no final Board decision on the issue of TDIU before June 20, 2007.

The Board has denied service connection for bilateral pes planus and a neck disorder, finding that the Veteran did not meet the burden of showing his conditions were aggravated by service. The Board also found no current disability related to these conditions.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death and that the cause of death was not related to his military service.

The Board has denied service connection for migraine headaches and neuropathy of the left sciatic nerve as secondary to a lower back disability. The Veteran's claims for left foot and right foot disabilities, as well as his lower back disability, are remanded for further examination and opinion.,Service connection cannot be established for migraine headaches or neuropathy of the left sciatic nerve due to lack of evidence of current diagnoses.

The Board has dismissed all claims of service connection for various conditions, including kidney condition, GERD, thyroid disease, diabetes mellitus type II, nicotine dependency, hepatitis C and its residuals, peripheral artery disease, opioid dependency, hypertension (also claimed as high blood pressure), chronic back condition as secondary to multiple myeloma, COPD, multiple myeloma, coronary artery disease (CAD), erectile dysfunction, and chronic anemia. The appeal is dismissed due to the Veteran's death.

The Board has granted service connection for the Veteran's low back condition, which is presumed to have begun during his active duty due to combat exposure. The right and left knee conditions are remanded for further review.

The Board has determined that the Veteran's claims for service connection have been remanded due to a failure to provide adequate pre-decisional duty to assist. The issues include gastroesophageal reflux disease, thoracolumbar spine disability, left shoulder disability, left wrist disability (carpal tunnel syndrome), left knee disability, right knee disability, and right elbow disability.

The Veteran's service-connected conditions render him in need of regular aid and assistance, which is granted for special monthly compensation based on aid and attendance/housebound.

The Board denied service connection for back, left ankle, right ankle, left knee, and right knee disabilities due to lack of evidence linking these conditions to service.

The Board dismissed the issue of reducing the rating for spinal stenosis with degenerative arthritis of the thoracolumbar spine from 40 percent to 20 percent because it was only a proposal and not a decision on the merits.

The Board has again remanded the claims of service connection for cervical and lumbar spine disabilities due to inadequate compliance with previous directives. The Veteran is currently service connected for posttraumatic stress disorder (PTSD), which could potentially be the basis for a secondary service connection claim.

The Veteran's lumbar spine disorder is currently rated at 40% from September 10, 2020. The Board finds that a higher rating of 20% is warranted for the period prior to September 10, 2020.

The Board denied service connection for a back disability, to include degenerative disc disease, finding that the Veteran's current condition did not have its onset during his active duty and was not related to service.,The Board also denied service connection for Meniere’s syndrome, concluding that there is no evidence linking the condition to service or to his service-connected bilateral sensorineural hearing loss and tinnitus.

The Board has remanded the claims of service connection for right and left shoulder disabilities, a back disability, and a bilateral eye disability to include glaucoma due to incomplete development. The appeal is also remanded for consideration of the claim for TDIU.

The Veteran's claim for an earlier effective date for Total Disability Individual Unemployability (TDIU) is dismissed because he opted into the Appeals Modernization Act review system.

The Board has remanded the Veteran's claims for an increased rating for his lumbosacral spine disability and TDIU prior to February 14, 2016 due to inadequate medical examination and lack of retrospective opinion.

The Veteran's initial claim for a higher rating for his lumbar strain with canal stenosis, spondylosis and facet joint disease was denied.,For the period from May 24, 2010 to March 18, 2019, the Veteran received a 20 percent rating. However, this was also denied.

The Veteran's degenerative disc disease of the lumbar spine with intervertebral disc syndrome is rated at 40 percent, effective from January 2015.

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas prior to February 25, 2019. However, the evidence did not meet the criteria for a higher rating.,The Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including PTSD and DDD of the cervical spine, prior to February 25, 2019.