Back / lumbar spine decisions — 2020

The Veteran's back condition is rated at 20% and his left hip condition, secondary to the back condition, remains unresolved. The case is remanded for further evaluation.

The Veteran's DDD of the lumbar spine with IVDS was denied an initial rating in excess of 10 percent prior to November 12, 2019.,As of November 12, 2019, a higher rating for DDD of the lumbar spine with IVDS is also denied.,A 20 percent disability rating was granted for left lower extremity radiculopathy effective November 7, 2017.,A 20 percent disability rating was granted for right lower extremity radiculopathy effective February 6, 2018.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder, is granted secondary to his service-connected lumbar spine and right elbow disabilities. The reduction of the rating for his lumbar strain with muscle spasm from 40 percent disabling to 20 percent was not proper.

The Veteran's claims for increased ratings of their neck and low back disabilities have been denied as the evidence does not show that either condition warrants a rating in excess of the current staged ratings.

The Veteran's claims for higher initial rating and TDIU are remanded due to the need for additional medical examination.

The Board has remanded the case due to a need for additional examination and opinion regarding whether the Veteran's service-connected disabilities, excluding diabetes and bilateral leg peripheral neuropathy, render him in need of regular aid and attendance. The Veteran is currently receiving SMC under Subsection (l) based on the need for aid and attendance.

The Board has remanded the Veteran's claims for further development due to incomplete VA examinations and lack of opinions regarding service connection.

The Board has denied the Veteran's claims for earlier effective dates for service connection of his lumbar strain with lumbar degenerative disc disease and lumbar spondylosis, as well as left knee degenerative joint disease with left knee patellofemoral dysfunction, both secondary to his service-connected degenerative joint disease of the left ankle. The Board found that the date entitlement arose for these disabilities was June 16, 2009.

The Veteran's cervical spine disability with DJD and DDD is currently rated at 30 percent disabling, effective October 31, 2019. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's appeals for higher initial ratings for lumbar strain with DDD and HNP, LLE radiculopathy, and RLE radiculopathy were denied because he failed to appear for a VA examination scheduled in September 2019.

The Veteran's claims for effective dates earlier than November 14, 2014 are being remanded due to the complexity of the issues and the need for clarification from the Veteran regarding her appeals.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions regarding the etiology of his back disability and foot disabilities.

The Veteran was granted a TDIU from June 17, 2008 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has remanded the case for further development and an updated VA examination to determine the current severity of the Veteran's low back disability, including any impact on his ability to work due to flare-ups and bed rest. The TDIU issue is also being remanded.

Your claim for service connection for a back disability has been granted by the Regional Office, and no other conditions remain on appeal.

The Board has remanded the case for a VA examination to address the nature and etiology of the Veteran's lumbar spine disability. The claim for service connection for left ear hearing loss is denied.

The Board has remanded the cases for further examination and evaluation due to inadequate medical opinions regarding the Veteran's bilateral plantar hyperkeratosis and low back disability.

The Board has decided that the Veteran's right wrist disability warrants a 10 percent rating, effective December 11, 2019. The issue of service connection for an upper back disability is remanded.

The Veteran's left hip disability was not incurred in or due to his time in service, and is denied.,PTSD does not meet the criteria for a rating in excess of 70 percent. The claim is denied.,Back disability did not meet the criteria for a rating in excess of 10 percent prior to March 5, 2019 or 20 percent thereafter from that date. The claim is denied.,Right lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,Left lower extremity radiculopathy was not rated higher than 10 percent prior to March 5, 2019 and granted a rating of 20 percent thereafter. The claim is partially granted.,GERD did not meet the criteria for a rating in excess of 10 percent. The claim is denied.,Left knee disability did not meet the criteria for a rating in excess of 10 percent. The claim is denied.

The Board has remanded the Veteran's claims for an initial rating higher than 20 percent for cervical DDD and a higher rating for left knee arthritis. Additional development is required, including examinations to assess functional loss during flares and after repetitive use.