Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities, including GERD, Adjustment Disorder, Degenerative Disc Disease of the thoracic spine, Right ankle strain, and Tinnitus, rendered him unable to secure or follow a substantially gainful occupation from March 29, 2012, but no earlier. A total disability rating based on individual unemployability (TDIU) was granted.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The appeals are granted as to the back disability, bilateral shoulder disabilities, and bilateral foot disabilities.

The Veteran's appeal for an earlier effective date for service connection of left ear hearing loss is dismissed.,Service connection has been granted for tinnitus.

The Board has decided to remand the claims of service connection for a thoracolumbar spine disorder and a left knee disorder due to the need for additional medical opinions.

The Board has remanded the case due to insufficient examination and outstanding records. The Veteran's back disability is being reviewed again for a definitive opinion.

The Board has decided to remand the claim for a VA examination and opinion regarding whether the Veteran's low back disability is related to his active service, considering if it clearly and unmistakably preexisted service or was aggravated by service.

The Veteran's service-connected disabilities rendered her unable to obtain and maintain substantially gainful employment, qualifying for TDIU. She is also entitled to SMC at the housebound rate due to her PTSD.

The Board has granted a 40 percent rating for myofasciitis of the thoracolumbar spine from April 25, 2011 through July 14, 2014, finding that the Veteran's symptoms more nearly approximated forward flexion of the thoracolumbar spine to 30 degrees or less.

The Board has remanded the Veteran's claims of increased rating for lumbar spine disability, service connection for left and right lower extremity radiculopathy, and service connection for depression due to their relationship with his service-connected lumbar spine disability.

The Board has remanded the case due to incomplete service treatment records and a need for an addendum opinion regarding the etiology of the Veteran's thoracolumbar spine disability.

The Veteran's appeal regarding entitlement to service connection for a cognitive disorder due to mild TBI is dismissed. The appeals for right ankle and low back conditions are remanded.

The Veteran's tinnitus, bilateral hearing loss, cervical spine disorder, cleat injury to the left side, and lumbar spine disorder are not service-connected.,Service connection for frostbite of the bilateral lower extremities is remanded.

The Board has remanded the case due to a need for additional development regarding the Veteran's service-connected thoracolumbar spine degenerative joint disease.

The Board has granted service connection for a low back condition and remanded the issue of a compensable rating for bilateral hearing loss.

The Board has remanded the case due to insufficient evidence, including missing VA treatment records and service medical records. The Veteran's claim for service connection for a low back disability is now pending again.

The Veteran's lumbar strain with DDD and disc bulging was rated at 20 percent from June 15, 2009 to March 1, 2013.,A higher rating of 40 percent for the same condition was granted beginning March 2, 2013 to January 23, 2017.,The Veteran's claim for a higher rating after January 24, 2017 remains denied.

The Veteran's lower back disability was granted a 10% rating prior to January 23, 2019 and denied for any higher ratings. The Veteran's posttraumatic headaches were granted a 10% rating from the onset of his claim.,For the period from January 23, 2019 to present, the Veteran's lower back disability was denied any increased rating above 10%. His posttraumatic headaches were also denied any increased rating above 10%.

The Veteran's claims for service connection have been reopened and are granted. The rating for GERD remains at 10 percent.

The Veteran's claim for an increased disability rating for thoracolumbar scoliosis is being remanded due to the reliability of a previous VA examination and the need for a new one.

The appeal to reopen a claim of service connection for a low back disability is granted. The Veteran's low back disability may be reopened due to new and material evidence, but the matter is remanded for further development including an examination.