Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation on and after May 26, 2009. The Board has granted TDIU for this period.

The Veteran's low back disability is rated at 40 percent, effective October 22, 2019. The right knee disability remains at a 10 percent rating.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to insufficient evidence showing that his lumbar spine degenerative disc and joint disease was caused by VA treatment during his June 2009 knee surgery.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that it was not incurred or aggravated by active service and did not have its onset within one year of discharge. The examiner opined that the current condition is due to obesity, genetics, age, and motorcycle accidents.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person due to his limited mobility, standing endurance, risk of falling, and difficulty with dressing and bathing.

The Veteran's claims for increased rating and service connection are remanded due to the need for additional development, including new VA examinations.

The Board denied service connection for a right shoulder condition and granted an increased rating of 40 percent for the Veteran's low back disability as of January 24, 2020. The Board also found that a rating in excess of 10 percent was not warranted before January 24, 2020.

The Board has granted service connection for the Veteran's lumbar spine condition, finding that it is at least as likely as not related to his active service.

The claim to restore DEA benefits is dismissed as the Veteran's PTSD, which was considered a permanent and total disability, has already been granted prior to the date of termination.

The Board denied service connection for low back pain, finding no evidence of a current disability related to service.,Service connection was granted for anxiety with bereavement features prior to April 30, 2018 at a rating of 50 percent.

The Board has remanded the Veteran's service connection claims for his bilateral hip, low back, left shoulder, and bilateral foot disabilities due to incomplete development of records and inadequate medical opinions.

The Veteran's spine condition is rated at 40 percent prior to March 23, 2009. The Board found that the severity and symptoms of his spine condition are adequately contemplated by the established schedular criteria.

The Board has granted the Veteran's applications to reopen his claims for service connection for left knee, right knee, left shoulder, and low back disorders. However, the appeals were denied as there is no evidence that these conditions are related to service.

The Board has granted a disability rating of 30 percent for the Veteran's cervical spine disability, effective from the entire period on appeal (excluding periods of surgical convalescence), and a 20 percent rating for her degenerative disc disease of lumbar spine L5-S1. The ratings are based on the severity of the Veteran’s symptoms as determined by VA examinations.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral strain from July 1, 2010 to June 25, 2018 was denied. The claim for a rating of 40 percent or higher for lumbosacral strain from June 26, 2018 was granted.

The Veteran's claim for service connection for bilateral hearing loss was reopened, and he is now granted initial disability ratings for his lumbar spine condition, right knee strain, left knee strain, and TDIU.

The Veteran's coronary artery disease is related to his presumed in-service exposure to herbicide agents in the Republic of Vietnam, and service connection for this condition has been granted.

The Veteran's lumbar spine disability was rated at 40 percent from September 1, 2006 to February 10, 2015.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, and the case is remanded due to insufficient evidence of ankylosis or flexion limitation.,The Veteran's claims for increased ratings for his right and left lower extremity radiculopathy disabilities were also denied, and the case is remanded as there is no evidence of incapacitating episodes of intervertebral disc syndrome.

The Board has determined that there was not substantial compliance with the prior remand directives and has therefore remanded the claims for lumbar spine, left knee, and left ankle/foot disabilities due to military service.