Back / lumbar spine decisions — 2020

The Veteran's low back disability is rated at a 40 percent rating beginning May 28, 2015. The Veteran also receives a 40 percent rating for bilateral lower extremity radiculopathy since that date. Compensation for total disability based on individual unemployability (TDIU) due to service-connected disabilities beginning January 9, 2017 is granted.

The Board has remanded the claims for service connection due to insufficient evidence and further development is needed.

The Veteran's service-connected back and right shoulder disabilities prevented him from securing or following gainful employment during the period from March 25, 2013 to January 30, 2014. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions regarding her bruxism, low back disability, bilateral arm disabilities, and ear disabilities.

The Veteran's cervical spine disability is rated at 10 percent since the initial date of claim, effective June 8, 2019. The rating reflects painful motion due to degenerative arthritis without additional functional loss or impairment.

The Board denied service connection for fibromyalgia, left foot disability, right foot disability, and back disability. The Veteran was not diagnosed with these conditions during or near the pendency of his claims.,The Board also denied service connection for radiculopathy of the left lower extremity as secondary to a back disability. Service connection for a back disability has not been established.

The Board has remanded the Veteran's claims for increased ratings for his back disability, right lower extremity radiculopathy, and right shoulder disability due to additional development of records and clarification of functional loss during flare-ups or after repeated use over time.

The Veteran's cervical spine disability is granted at a rating of 20 percent, effective from the date of the appeal. The lumbar and knee disabilities remain rated as they were prior to the hearing.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his unemployability is due to his service-connected conditions. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis to the Director of Compensation and Pension Service.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's lower back condition is secondary to her service-connected right knee disability. The case will be reviewed and a new opinion provided.

The Veteran's spine disability and radiculopathy were granted a rating of 20 percent, but no higher, for the entire appeal period.

The Veteran's service-connected back disability rendered him unable to secure or maintain substantially gainful employment prior to January 5, 2010 and since then. The Board granted a TDIU for this period.

The Board has remanded the claims for service connection for a back disability and right hip disability due to inadequate medical opinions. The Veteran contends that his current disabilities are secondary to his service-connected abnormalities in gait.

The Board has determined that further development is needed for the Veteran's claims, including obtaining additional medical records and scheduling examinations to assess his current disability status.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board denied a higher rating as his symptoms do not meet or approximate the criteria for a higher rating.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronic back pain during or immediately after service and that any current condition is not related to military service.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. However, the preponderance of the evidence does not support the claims for right knee disability, left knee disability, dental disability, or low back disability.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection. His CAD has also been granted based on herbicide exposure in Korea.,Service connection for his back disability, right lower extremity sciatica, skin disabilities (porphyria cutanea tarda and eczema), hemochromatosis, peripheral neuropathy of the bilateral upper and lower extremities, and TDIU has been granted. However, these claims are remanded due to lack of evidence.

The Veteran withdrew her appeals for various service-connected disabilities, including eczematoid dermatitis, allergic rhinitis, gastroesophageal reflux disease (GERD), lumbosacral strain with degenerative arthritis, right carpal tunnel syndrome, left carpal tunnel syndrome, bilateral plantar fasciitis, right patellofemoral pain syndrome with shin splints and anterior compartment syndrome, left knee patellofemoral pain syndrome with shin splints and anterior compartment syndrome, left hip disability, diabetes mellitus type II, hypogonadism, esophageal stricture with esophageal polyp and Schatzki's ring, and ventral hernia status post-surgery with rectus diastasis.