Back / lumbar spine decisions — 2020

The Veteran's claim of service connection for depression and a back condition is granted, with the exception that additional development is required to address the nature and etiology of these conditions.

The Board denied the Veteran's claims for service connection of a left shoulder condition, lumbosacral and thoracic sprain, an initial rating in excess of 20 percent for a right shoulder rotator cuff tendonitis, and service connection of tension headaches.

The Veteran's claim for a rating in excess of 60 percent for service-connected degenerative joint disease of the lumbar spine with intervertebral disc syndrome (IVDS) is remanded due to uncertainty about whether he has ankylosis of his spine, which could affect his disability rating.

The Board has dismissed the appeals for an initial rating higher than 10 percent for a lumbar strain and for a total disability rating based on individual unemployability due to service-connected disabilities prior to December 22, 2012. The appellant requested withdrawal of these appeals.

The Veteran's lumbar spine disability is currently rated at 60 percent, excepting the period from July 17, 2015 to October 31, 2015. A temporary total rating for convalescence following surgery was granted.,Service connection for right and left knee disabilities remains pending as additional evidence or examination is required.

The Board has decided to remand the cases for further examination and opinion regarding whether the Veteran's bilateral hip disabilities and lumbar spine disability are related to his service, including any in-service injuries or events.

The Board has remanded several issues related to the Veteran's claims, including service connection for right ear hearing loss and a back disability. The AOJ is instructed to obtain additional records from Group Health and Tacoma South Medical Center, and to provide the Veteran with VA medical opinions regarding his hearing loss and lumbar spine arthritis.

The Board has remanded the case due to issues related to service connection for a lumbar spine disorder and temporal lobe syndrome. The lumbar spine disorder is being considered secondary to the service-connected temporal lobe syndrome.

The Veteran's claims for service connection for a left foot disability and low back disability have been denied as there is no evidence of any current disabilities related to his military service.

The claim to reopen service connection for an acquired psychiatric disorder, PTSD, bilateral hearing loss and tinnitus is granted. The claims for service connection for a low back disorder are remanded.

The Veteran's initial claim for service connection was granted in November 2011, with a 10% rating effective July 25, 2007. The RO increased the ratings to 20% effective October 23, 2013.,For the period prior to September 19, 2013, the Veteran's back condition was not more than 10%, and for the period between September 19, 2013 and March 20, 2018, it was not more than 20%. Since July 1, 2018, a 40% rating has been granted.

The Veteran's back disability has worsened, and a new VA examination is needed to assess its current severity.

The Board dismissed the appeals for increased ratings and service connection as they were withdrawn by the Veteran.

The Veteran's claims for service connection have been reopened, and the Board has remanded several issues including those related to lower back disability, upper right jaw disability, left shoulder disability, arthritis, diabetes mellitus (due to herbicide exposure), and an acquired psychiatric disorder.

The Veteran's claim for increased ratings for his chronic lumbosacral sprain was denied. For the period prior to April 8, 2020, a rating in excess of 20 percent is not warranted. From April 8, 2020 forward, a rating in excess of 40 percent is also not warranted.

The Board has determined that new and material evidence has been received to reopen the claims of entitlement to service connection for left knee, right hip, and lumbar spine disorders. The Veteran's current tinnitus disorder is etiologically related to his second period of active service.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board has granted entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU).

The Board has remanded the Veteran's claims for service connection for six conditions due to a lack of reasonable efforts in obtaining his Coast Guard Reserve records and an inadequate August 2014 skin disorder examination. The Veteran is entitled to additional evidence and argument, as well as VA examinations or medical opinions.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no in-service onset of disease or injury and insufficient evidence to establish a nexus between current disability and service.

The Board has determined that the Veteran's hypertension and low back disability (claimed as back pain) are not service-connected, while his bilateral knee disabilities remain under consideration due to their inextricably intertwined nature with the hip disability. The claims for these conditions are being remanded for additional development.