Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claim for a disability rating in excess of 30 percent for degenerative joint disease of the lumbosacral spine due to inadequate prior VA examinations and the need for further examination.

The appeal as to PTSD is dismissed because it was granted in a January 2020 rating decision. The back and left knee disability appeals are remanded.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran's appeal for a disability rating of 60 percent for left knee status post total knee replacement is granted effective January 5, 2016.,The appeals on service connection for cervical spine condition and increased rating for nerve damage, lateral surface of the distal left lower leg, saphenous nerve are dismissed.

The Veteran's disability rating for compression fractures thoracic spine and degenerative changes lumbar spine is denied as it does not meet the criteria for a higher rating from May 21, 2019 forward.

For the initial rating period on appeal, a 70 percent rating for insomnia disorder is granted.,For the entire rating period on appeal, a 40 percent rating but not higher for lumbar spine disability and separate 20 percent ratings for right and left lumbar radiculopathy are granted.

The Veteran's current tinnitus, low back condition, and skin condition are not service-connected. The claims for these conditions have been remanded for further development.

The Board has found that the AOJ did not substantially comply with the remand directives and has ordered a remand for further development, including consideration of all evidence during the appeal period prior to November 1, 2019.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment prior to June 12, 2012.

The Veteran's service-connected disabilities have left him unable to find gainful employment prior to March 11, 2008. The Board granted entitlement to TDIU on an extraschedular basis from February 28, 2008 to March 11, 2008.

The Board denied service connection for various conditions, including discoid lupus, malabsorption disorder, an acquired psychiatric disorder (chronic depression), Sjogren’s syndrome, and a back disorder, all of which were deemed not related to active duty service or exposure to contaminated water at Camp Lejeune.

The Board has denied service connection for myofascial pain disorder and remanded the issue of service connection for a mid- or upper back disability. The Veteran's left shoulder and arm conditions are already service-connected, so he cannot be granted service connection for myofascial pain disorder. The Board also ordered further examination to determine if the Veteran has a current mid- or upper back disability that is related to his military service.

The Board has remanded the Veteran's claims for COPD, multiple joint disabilities, and other service connection issues due to inadequate etiology opinions provided by VA examiners. The claims are being returned for further development.

The Veteran's service-connected back disability and radiculopathy of the lower extremities are currently rated at their minimum levels, with no higher ratings granted.

The Board has found that the Veteran's service connection claims for back and heart disabilities are remanded due to insufficient evidence regarding their etiology. Specifically, a VA examiner is needed to provide an opinion on whether any current heart disability, including heart block, atrial fibrillation, and implanted pacemaker, is related to in-service chest pain.

The Board denied service connection for a low back disability, finding that the preexisting condition did not worsen during active service.

Service connection is granted for low back degenerative disc disease (arthritis).,Service connection is also granted for an acquired psychiatric condition, including PTSD, unspecified anxiety disorder, and memory loss.

The Board has remanded the case due to incomplete information regarding the Veteran's employment history and because of a need for additional examination. The TDIU claim will be reconsidered after these issues are resolved.

The Veteran's claim for a 30 percent rating for degenerative disc disease of the cervical spine from April 3, 2003 to September 5, 2006 is granted. The claim for a compensable rating for hemorrhoids remains denied.

The Veteran's claim for increases in the 'staged' ratings for his service-connected low back disability was denied. The Board found that the evidence did not support higher ratings based on functional loss due to pain or weakness, fatigability, incoordination, or pain on movement of a joint.