Back / lumbar spine decisions — 2020

The Board has remanded the claims for bilateral hearing loss, lumbar disc degeneration, and right lower extremity radiculopathy due to inadequate medical opinions in the May 2014 VA examination. The Veteran's statements of in-service acoustic trauma need to be considered by a new examiner.

The Board has remanded the Veteran's claims for service connection for low back, right and left knee, and right and left ankle disabilities due to secondary to service-connected bilateral pes planus and hammertoes. The AOJ is required to obtain supplemental medical opinions regarding the onset of these conditions during military service or their relation to his service.

The Veteran's claim for service connection for PTSD has been granted. The Board finds that the Veteran incurred PTSD in his active service and resolves reasonable doubt in his favor. Other claims, including those related to lumbosacral strain, right shoulder strain, right ankle sprain, left foot strain, alcohol use disorder secondary to PTSD, and depressive disorder secondary to service-connected disability, are remanded for further development.

The Board has granted service connection for a chronic lumbar spine disability and a chronic headache disability, finding that the Veteran's symptoms began during service or were related to service.

The Board has granted service connection for the Veteran's lumbar spine disability, variously diagnosed as lumbar pain, scoliosis, and thoracic spine pain. The claim was reopened due to new evidence submitted since the previous denial in September 2010.

The Board has granted a TDIU rating for the entire appeal period. The case is remanded for an addendum opinion regarding whether the Veteran's headaches are at least as likely as not proximately due to or aggravated by his service-connected PTSD.

The Board has remanded the Veteran's claims for a compensable rating for hemorrhoids, a higher disability rating for lumbosacral strain, TDIU based on service-connected disabilities, and SMC based on loss of use of buttocks due to his back condition.

The Veteran's service-connected back disability is granted a 40 percent rating for the period from December 13, 2012, to April 11, 2016.,For the period from April 11, 2016, onward, the Veteran's service-connected back disability does not warrant a higher than 40 percent rating.,The Veteran is granted a 30 percent rating for his cervical spine disability throughout the appeal period.

The Board denied the Veteran's claims for service connection for a low back condition and a left hip disability, including as secondary to a low back disability. The decision found that new and material evidence was not received to reopen the claim for a low back condition, and that there is no competent, credible, or probative evidence to support an in-service event or injury for either condition.

The Veteran's degenerative joint disease of the thoracolumbar spine was found to not warrant a disability rating in excess of 10 percent prior to April 17, 2017 and not exceed 20 percent from that date. The evidence did not support higher ratings based on functional loss or other factors.

The Veteran's bilateral pes planus and sleep apnea have been rated, but the Board has remanded for further evaluation. The Veteran is granted TDIU based on his service-connected disabilities.

The Board denied service connection for chronic migraine headaches, low back disability, and bilateral flatfeet and plantar fasciitis. The decision found no evidence linking these conditions to the Veteran's active military service.

The Veteran's claim for increased rating of her low back disability and service connection for fibromyalgia was denied. The Board found that the evidence did not support a grant of service connection for fibromyalgia, as there was no evidence it was incurred in or aggravated by active service or a service-connected condition. For the low back disability, the Board noted that while the Veteran had pain and limited range of motion, these were consistent with her service-connected degenerative arthritis and did not warrant an increased rating beyond 40 percent.

The Veteran's right knee disability was granted a 60% rating from March 16, 2010 to February 1, 2018. The claim for an increased rating after April 1, 2019 is denied. TDIU prior to February 2, 2018 and TDIU from April 1, 2019 are granted.

The Board has remanded the Veteran's claims for service connection for a cervical spine disorder, lumbar spine disorder, and tinnitus due to inadequate medical opinions in the November 2018 decision. New VA opinions are needed.

The Board has denied service connection for low back disorder, right knee disorder, left knee disorder, right leg disorder, and left leg disorder as these conditions are not shown to be related to active service.

The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment, leading to a grant of total disability rating based on individual unemployability (TDIU).

The Veteran's claim for increased disability evaluations for his low back disability and surgical scars was denied. The Board found that the evidence did not support a higher rating based on functional loss or unfavorable ankylosis of the spine, and there were no incapacitating episodes meeting the criteria for a 60% evaluation under Diagnostic Code 5243.

The Veteran's lumbosacral strain and intervertebral disc syndrome are currently rated at 60 percent from October 28, 2019. The Board found no evidence of unfavorable ankylosis or limitation of motion to warrant a higher rating.

The Board has decided to remand the cases for further action due to incomplete records and need for a medical opinion regarding service connection.