Back / lumbar spine decisions — 2020

The Board has remanded the issues of service connection for a lumbar spine disability and increased rating for residuals, chip fracture left foot with degenerative joint disease.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 4, 2010, and the effective date for his TDIU is set at that time.

The Veteran's service-connected lumbar spine disability was rated at 40 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has remanded the claims for COPD, low back injury residuals, and bilateral spondylolysis at L-5 with first degree spondylolisthesis due to insufficient evidence on the relationship between these conditions and service.

The Veteran's appeal for an increased rating greater than 20 percent for lumbar spine degenerative arthritis with IVDS from July 31, 2019 is dismissed. The Board grants a disability rating of 20 percent for the condition from November 16, 2011 to July 30, 2019.

The Veteran's claim for service connection for lumbar spine degenerative joint and degenerative disc disease, thoracic spine degenerative joint disease was received on December 13, 2012. The Board denied the request for an earlier effective date.

The Board has remanded the case for additional examinations to determine the current severity of the Veteran's service-connected left lower trapezius strain and headaches. The claims for lumbar spine disorder and right inguinal hernia remain denied as there is no evidence of a current disability.

The Board has denied service connection for a left foot disability, bilateral hearing loss, tinnitus, and herniated disc of the lumbar spine. The Veteran's hemorrhoids are being remanded due to insufficient medical evidence on file.,Service connection is also not granted for initial compensable rating for pseudofolliculitis barbae (PFB).

The Veteran's internal derangement of the left knee is rated at 40 percent, but no higher. A separate rating of 10 percent for symptomatic removal of semilunar cartilage has been granted. The Veteran's osteoarthrosis of the lumbar spine and cervical spine are each rated at 30 percent. Migraine headaches do not warrant a higher rating. TDIU was granted from February 18, 2016 to May 2, 2016.

The Board has granted service connection for lumbosacral strain, but remanded the claims for hypertension and pseudofolliculitis barbae due to insufficient evidence.

The Veteran's OSA and other specified trauma and stressor-related disorder with panic attacks are granted service connection. The lumbar spine, cervical spine, right knee, left knee, and MDD claims are remanded for additional development.

The Veteran's claim for service connection for bilateral pes cavus is denied as the evidence does not show that his condition was aggravated during service.,The Veteran's claim for service connection for a lumbar spine disability, including DDD, to include as secondary to bilateral pes cavus, is denied because there is no in-service disease or injury and the post-service disability did not manifest within one year of discharge. The evidence does not support a finding that the current disability is related to service.,The Veteran's claim for service connection for a bilateral leg disability, including small fiber distal neuropathy, to include as secondary to bilateral pes cavus, is denied because there was no in-service disease or injury and the post-service disability did not manifest within one year of discharge. The evidence does not support a finding that the current disability is related to service.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, tension headaches, fibromyalgia, and irritable bowel syndrome (IBS) have been granted. The effective dates are not specified in this decision.,Entitlement to an earlier effective date prior to January 17, 2018 for the grant of service connection for fibromyalgia is denied.

The Board has remanded the case due to inadequate examination in April 2012 and for additional development of evidence.

The Veteran's claims for increased ratings for tension headaches, back disability, right knee disability, and left knee disability were denied as the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's claim for an initial compensable rating for a skin disability was denied due to lack of at least 5 percent of body or exposed areas affected.

The Veteran's degenerative joint and disc disease of the lumbar spine with spinal stenosis is rated at 40 percent, representing the maximum available rating under the applicable VA rating criteria.

The Veteran's claim for a rating in excess of 40 percent for lumbar disc disease status post discectomy and fusion was denied. A total disability rating based on individual unemployability due to service-connected disabilities from July 14, 2005 to July 1, 2019 was granted.

The Board has granted service connection for seborrheic dermatitis and denied the remaining issues on appeal. Service connection is granted for lumbar spine degenerative disease, bilateral hip disability, bilateral knee disability, and bilateral ankle disability.

The Board denied the Veteran's claim for service connection of a thoracolumbar spine disability, finding that there is no evidence to support her contention that her current condition was incurred in or caused by service.

The Board has remanded the case due to non-compliance with previous remand directives, including the need for a VA examination and retrospective medical opinion regarding functional loss during flare-ups.