Back / lumbar spine decisions — 2020

The Board has remanded the issues of entitlement to higher disability ratings for right ankle, sacroiliac joint, left knee, and right knee disabilities due to inadequate examination reports. The Veteran's service-connected conditions rendered him unable to secure or follow substantially gainful employment.

The Veteran's service connection claim for a back disability was denied, and his TDIU claim was also denied by the Board.

The Veteran's service-connected disabilities (including PTSD, CAD, DM II, low back condition, left knee condition, and peripheral neuropathy) are of sufficient severity to preclude substantially gainful employment from May 15, 2008 to May 8, 2012.

The Veteran's appeal was denied for increased ratings for lumbar degenerative disc disease and service connection for a personality disorder. The decision found that the Veteran did not meet criteria for higher ratings based on his disability, particularly due to lack of evidence of ankylosis or incapacitating episodes.

The Board has granted the Veteran's claim of service connection for tinnitus. The claims for back and shoulder disabilities have been denied as they are not related to service.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, finding that there is no evidence of chronic back pain during active duty and no credible evidence of continuity of symptoms since separation. The examiner concluded that the current lumbar spine degenerative changes are not related to any injury or disease during military service.

The Veteran's lumbar spine strain disability is rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating as forward flexion of the thoracolumbar spine has not been limited to 30 degrees or less and there has not been ankylosis of the entire thoracolumbar spine.

The Veteran is granted a 20 percent disability rating for his degenerative arthritis of the lumbar spine, effective from January 11, 2016. The previous rating prior to this date was denied.

The claim for restoration of a 20 percent rating for a lumbar spine disorder, from April 1, 2018 onwards, is granted. The claims for service connection for headaches, acid reflux with heartburn, an acquired psychiatric disorder (to include anxiety disorder), and sleep apnea with insomnia are remanded.

The Board has dismissed the Veteran's appeals for a rating in excess of 40 percent for degenerative disc disease with multilevel degenerative changes, s/p fusion of L4-L5 lumbar vertebrae and a rating in excess of 70 percent for post-traumatic stress disorder (previously claimed as mood disorder claimed as depression under DC 9434).

The Board has granted service connection for a lumbar spine disability secondary to the Veteran's service-connected bilateral knee disabilities. The rating claims for right and left knee disabilities are remanded, as is the TDIU claim.

The Board has granted a TDIU effective January 1, 2008 on an extraschedular basis due to the Veteran's service-connected back disability and right lower extremity radiculopathy.

The Board dismissed all the issues in this appeal due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Veteran's service-connected PTSD alone, along with other disabilities independently rated at least 60 percent, qualifies him for special monthly compensation (SMC) effective December 7, 2018. The Veteran is also granted a total disability rating due to individual unemployability (TDIU).

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of any back disability. The Veteran's service records show no evidence of a pre-existing condition, but there is conflicting information regarding his current condition.

The Board has denied service connection for COPD, bronchial asthma, and a back disability. The claims are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's claims for increased ratings for PTSD and DDD of the lumbosacral spine, as well as his claim for TDIU prior to January 2, 2013, were denied. The Board found that the evidence did not show total social impairment due to PTSD or a combined range of motion greater than 120 degrees for the entire period on appeal.

The Veteran's claims for increased ratings for his lumbar spine disorder and entitlement to Total Disability Rating due to Individual Unemployability (TDIU) are being remanded. The case will be readjudicated, including the issuance of a Statement of the Case (SOC).

The Board has determined that additional development is necessary for the Veteran's claims of service connection, compensation under 38 U.S.C. § 1151, increased rating for a back disability, and TDIU due to his service-connected disabilities.

The Veteran's appeal for an increased rating for his back disability prior to December 12, 2011 is dismissed as the April 2017 Board decision granted a 60 percent rating effective December 12, 2011 and the Veteran's representative stated that this satisfies their appeal.