Back / lumbar spine decisions — 2020

The Board has denied a higher rating for cervical spine osteoarthritis and has remanded the issues of service connection for right knee condition and lumbar spine condition.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection, while a 20% rating for his right shoulder disability is granted.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine condition was rated at 20 percent, the right sciatic nerve condition at 20 percent, resulting in a combined rating of 40 percent. The Board found that the Veteran did not meet criteria for schedular or extraschedular TDIU consideration.

The Board has remanded the Veteran's claims for service connection for right shoulder, neck, and right knee disabilities due to insufficient evidence in his service treatment records. The VA examiner is instructed to consider the Veteran's statements regarding the onset and progression of his disorders and provide opinions on whether it is at least as likely as not that these conditions are related to his military service.

The Veteran's service-connected degenerative spondylosis of the lumbosacral spine is currently rated at 10 percent. The Board has determined that a remand is necessary to obtain updated evidence and determine if a higher rating is warranted, as well as to address his TDIU claim.

The Board has remanded the cases due to the need for additional development and examination, particularly regarding the Veteran's congenital scoliosis.

The Veteran's claim for an increased disability rating for left lower extremity radiculopathy is granted, but the earlier effective date for TDIU prior to August 1, 2005 is denied.

The Veteran's cause of death was identified as ALL, which the appellant contends is related to her Gulf War service. The Board finds that new and material evidence has been received to reopen the claim for DIC benefits due to the appellant's contention regarding exposure to environmental hazards during her Gulf War service.

The Veteran's back disability, left hip disability, right knee disability, migraine headaches, and hemorrhoids have been granted ratings. The back disability is rated at 20 percent, the left hip disability at a noncompensable rating, the right knee disability at a noncompensable rating, the migraine headaches at a 30 percent rating, and the hemorrhoids are not compensably rated.

The Board has granted service connection for low back and left hip disabilities, finding that the evidence is in equipoise as to whether these conditions were caused by or aggravated by active service.

The Board has remanded the claims for service connection for lumbar spine, right hip and left hip disorders due to insufficient medical opinions regarding their etiology.

The Board has decided to remand the case for further examination and opinion regarding service connection for a thoracolumbar spine disability. The claim is reopened due to new evidence, but the issue of service connection remains pending.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Board has granted service connection for bilateral plantar fasciitis, allergic conjunctivitis secondary to service-connected allergic rhinitis, and hoarseness secondary to service-connected allergic rhinitis. Additionally, the Board has granted an initial rating of 20 percent prior to June 27, 2019, for myofascial pain syndrome of the thoracolumbar spine.,The claimant's disability was found to have manifested with symptoms such as muscle spasm and abnormal spinal curvature during his period of active duty service. The Board has also granted a rating greater than 40 percent from June 27, 2019.

The Board has determined that additional evidence was received after the last statement of the case and remands the cases for further development, including obtaining VA and private treatment records, scheduling a VA examination to assess the current severity of the Veteran's low back disability, and determining whether there are any neurological impairments or intervertebral disc syndrome.

The petition to reopen the claims for service connection for a right upper extremity disability, chronic pain disorder, acquired psychiatric disability (including depression), cervical spine disability, lumbar spine disability, hormonal imbalance (low testosterone), left upper extremity disability, and kidney disability is granted.,Entitlement to service connection has been reopened based on new and material evidence.

The Veteran's claims for earlier effective dates for increased ratings of his service-connected cervical spine disability, right cubital tunnel syndrome, and left cubital tunnel syndrome are being remanded due to the need for additional development.,VA is seeking to obtain private treatment records from Dr. R.F., which the Veteran has indicated he does not wish to pursue further.

The Veteran's lumbar DDD is granted a 40 percent rating prior to July 30, 2009. The Veteran's MDD is denied any higher than the current 30 percent rating prior to November 4, 2014.

The Board has remanded the claims of entitlement to TDIU and DEA benefits prior to October 16, 2010 due to unresolved questions regarding the Veteran's employment status.

The Veteran's appeal for service connection for a back disorder has been withdrawn and dismissed.,The appeals for service connection for swollen prostate, bilateral upper extremity neuropathy, and bilateral eye glaucoma have also been withdrawn and dismissed.