Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities have substantially interfered with his employment since June 10, 2009, and he cannot secure or follow a substantially gainful occupation without regard to nonservice-connected disabilities.

The Veteran's service connection claim for TBI residuals is denied.,For the appeal period prior to September 30, 2019, a 20 percent rating was granted for his lumbar spine disability. Beginning September 30, 2019, he received an increased rating of 20 percent.

The Board has remanded the claims of service connection for a low back disability and respiratory disorder, including asthma and COPD, due to incomplete medical opinions addressing continuity of symptomatology and causation.

The Veteran's service connection claims for a bilateral elbow condition, bilateral foot condition, cervical strain, lumbosacral strain, left knee degenerative arthritis, sinusitis, and migraine condition are denied. The Board finds that the preponderance of evidence is against these claims.,Service connection for a bilateral elbow condition (claimed as joint pains) is denied because there is no current disability. Service connection for a bilateral foot condition, including plantar fasciitis, is denied due to lack of in-service incurrence and continuity of symptomatology.

The Board has remanded the cases for additional development regarding service connection and TDIU due to issues with the current medical opinions provided.

The Board has remanded the case for a new medical opinion to determine the overall impact of the Veteran's service-connected disabilities, including lumbosacral back strain and bilateral lower extremity radiculopathy. The Veteran is currently rated at 60% disability due to these conditions.

The Veteran's lumbar strain with IVDS and left lower extremity radiculopathy have been rated as 10 percent and 20 percent, respectively, since the relevant dates. The Board has found that these ratings are not warranted for increased evaluations.,The evidence does not support a finding of incapacitating episodes or neurological impairment associated with the Veteran's lumbar strain with IVDS or left lower extremity radiculopathy.

The Veteran's service-connected disabilities render him unable to obtain or maintain gainful employment, and the Board has granted a TDIU. The issue of an initial compensable rating for TBI is remanded due to insufficient evidence.

The Board has granted service connection for low back degenerative disc disease and headaches, finding that these conditions are due to injuries sustained during a period of active duty training (ACDUTRA).

The Board has decided to remand the Veteran's claims for low back and left knee disabilities due to missing service treatment records, which may affect his service connection.

The Veteran's PTSD is granted with a 100% disability rating, effective October 16, 2017.,An earlier effective date for service connection of PTSD is denied.,Service connection for back disability is not reopened and remains denied.,Service connection for bilateral knee disability is not reopened and remains denied.,Service connection for bilateral ankle disability is not reopened and remains denied.

The Veteran's claim for service connection for a back disability, including lumbosacral strain, was denied. The appeal is mixed as some issues were granted and others were not.,The Veteran's claim for service connection for headaches, secondary to his service-connected shoulder bursitis, is remanded.

A disability rating higher than 50 percent prior to November 14, 2019, and higher than 70 percent as of that date for major depressive disorder with alcohol use disorder is denied.,A disability rating of 20 percent effective October 19, 2018 for a lumbar strain is granted.

The Board denied the petitions to reopen claims for service connection for various conditions, including left wrist fracture, bilateral knee and foot disabilities, back disability, neck disability, and bilateral shin disability. The evidence did not show that these conditions were incurred or aggravated in service.

The Veteran's tinnitus, PTSD, back condition, and hearing loss are all granted. The service connection for sleep apnea is remanded due to the intertwined nature with the PTSD claim.

The Veteran's claims for service connection for a back disability and bilateral lower extremity radiculopathy have been denied as there is no evidence of in-service injury or disease, and the current conditions are not related to service.

The Board has determined that the Veteran's lumbar spine disorder and left ankle impairment are not related to his service-connected left knee condition, and thus denied these claims.

The Veteran's lumbosacral spine strain and degenerative arthritis are currently rated at 20 percent, which is the maximum schedular rating available for these conditions.,Voiding dysfunction has been granted a separate 10 percent rating from February 22, 2016.

The Board denied service connection for the Veteran's claimed conditions, finding that they were not related to his active duty service.

The Board denied the Veteran's claims for service connection for a back disability and a bilateral hip disability, finding that there was no evidence of a nexus between his current disabilities and his military service.