Back / lumbar spine decisions — 2020

The Veteran's appeal for a rating in excess of 40 percent for right wrist degenerative joint disease from December 29, 2015 has been dismissed. The issues of service connection for back and neck disabilities have been remanded.

The Veteran's claim for service connection for sleep apnea was denied as the evidence did not show a nexus to his active duty.,Claims for increased ratings were also denied, with the Board finding that the Veteran failed to cooperate with VA examinations and thus waived review of additional records.

The Board has granted service connection for degenerative arthritis of the lumbar spine with foraminal stenosis and an acquired psychiatric disorder, diagnosed as Major Depressive Disorder (MDD), both found to be related to service.

The Veteran's cervical and lumbosacral strain disabilities are granted with a 20% rating effective August 31, 2009. The Board has remanded the remaining service connection issues for further development.

The Veteran's bruxism is granted as secondary to his service-connected PTSD, TBI residuals, and bilateral chronic myogenic temporomandibular joint (TMJ) disorder. The remaining issues on appeal are remanded for additional development.

The Board has determined that the Veteran's service-connected conditions render him unable to secure or follow a substantially gainful occupation, and thus grants his claim for TDIU.

The Board has remanded the claims of service connection for Parkinson's disease, herniated cervical disc, and herniated thoracolumbar disc due to incomplete development.

The Board denied earlier effective dates for service connection and initial disability ratings for various conditions, finding that the Veteran did not submit a claim prior to June 14, 2013.

The Veteran's claims for higher ratings for lumbosacral strain and left knee disability were denied. The RO granted a 20% rating for the left knee disability effective August 14, 2019, but denied any higher ratings.

The Veteran withdrew all his claims related to increased ratings for various osteoarthritis conditions and knee disabilities. The Board dismissed the appeal as a result.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected disabilities, specifically obesity.

The Board has remanded the claims for service connection due to new and material evidence having been received, but the issues remain unresolved as they are still being reviewed by the AOJ.

The Veteran's claims for service connection and increased ratings were denied. The claim for acquired psychiatric disorder was not reopened, while the right foot disability claim was reopened. The lumbar spine disability remains at a 20% rating, and the residuals of the right great toe injury remain at a 10% rating.

The Veteran's service connection claims for various conditions have been granted. The Board found that the Veteran had current disabilities and credible reports of in-service acoustic trauma, which led to his current hearing loss and tinnitus.

The Veteran's low back injury and associated radiculopathy have been rated at the maximum available rating of 40 percent, with no further increase possible.

The Board has remanded the claims for increased ratings and TDIU due to new evidence, but did not address service connection issues. The Veteran's current conditions include diverticulitis, hemorrhoids, hypertension, back disability (spine), and left lower extremity radiculopathy.

The Veteran's claim for service connection for a lumbar spine disability was granted, with the condition being determined to be directly related to his service without any presumption or secondary link.

The Board has remanded the claims of service connection for left ear hearing loss, skin cancer, low back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and sleep apnea due to inadequate medical opinions in the July 2014 VA examination.

The Board has remanded the case due to inadequate medical opinions and a need for further examination. The Veteran's service connection claim for degenerative disc disease of the lumbar spine/degenerative arthritis of the spine is being reviewed.

The Board has determined that the Veteran's low back disability is service-connected, as it was incurred during his active military service.