Back / lumbar spine decisions — 2020

The Veteran's claim for a rating in excess of 70 percent for PTSD is denied. The claims for service connection for left knee pain and dysfunction, right knee pain and dysfunction, low back pain and dysfunction, and right shoulder pain and dysfunction are also denied.

The Veteran's appeal for a higher rating for his lumbar spine disability was denied. The appeal to sever service connection for neuropathy, right lower extremity, and the appeals for service connection of right shoulder disability and high blood pressure were all denied.

The Veteran's claim for SMC based on the need for regular aid and attendance was granted, effective March 22, 2019. The evidence showed that the Veteran needed help with most activities of daily living due to his service-connected mental health conditions.

The Veteran's claims for service connection for various conditions, including a healed open dislocation of the left fifth digit at the PIP joint, a scar on the left hand, and right and left shoulder disabilities are denied as there is no evidence of in-service injury or disease that caused these conditions.,Service connection for sleep apnea and bilateral hearing loss was also denied.

The Board has remanded the Veteran's claims for further development due to duty-to-assist errors and the need for VA examinations.

The Veteran's lumbar spine disability is currently rated at 20 percent from June 20, 2019. The Board found that the evidence does not support a higher rating for this period.

The Board has determined that additional examinations and medical opinions are needed to properly assess the Veteran's claims for service connection due to errors in duty to assist prior to the January and February 2017 rating decisions.

The Board has determined that the Veteran's lumbar spondylosis is related to his service and granted service connection for this condition.

The Board has decided to remand the claim of service connection for a back disability due to an incomplete review of the Veteran's service treatment records. The case will be returned for further examination and opinion.

The Board has denied service connection for various conditions including depression, anxiety, obstructive sleep apnea, hemorrhoids, gastroesophageal reflux disease (GERD), a lumbar spine condition, bilateral knee joint pain, bilateral lower extremity sciatic nerve radiculopathy and allergic rhinitis.

The Board denied service connection for a lumbar spine disability and sleep apnea, finding no evidence of in-service injury or diagnosis that would support these claims.

The appeal for a rating in excess of 10 percent for back disability is dismissed. The issue related to service connection for an acquired psychiatric disorder, including PTSD, is remanded.

The Board has decided that the Veteran's low back disorder, diagnosed as L4-L5 disc protrusion, is service connected. The lung disability claim is remanded for further examination and opinion.

The Veteran's claim for service connection for a left knee condition has been granted. However, his claims for chronic fatigue syndrome and other conditions have been denied.,The Veteran's bilateral pes planus, headaches, and dry eyes ratings are remanded due to lack of recent VA examinations.

The Board has decided that a VA examination is needed to determine the etiology of the Veteran's back disorder, which was not related to his active duty service.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his military service or any service-connected disability.

The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment prior to July 7, 2016.

The Veteran's ratings for DDD of the thoracolumbar spine and radiculopathy of the RLE and LLE have been increased to 20 percent effective December 16, 2019. The Veteran's rating for radiculopathy of the LLE remains at 10 percent.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of his bilateral hearing loss, hypertension, and right scoliosis of lumbar spine with degenerative arthritis.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected back disability. The case will be reviewed again with additional development and consideration of whether the Veteran is unable to secure or follow a substantially gainful occupation.