Back / lumbar spine decisions — 2020

The Board has restored the Veteran's original 20% rating for his lumbosacral spine disability, finding that the reduction from 20 to 10 percent was improper and did not reflect actual improvement in the Veteran's condition.

The Board has denied service connection for a left foot disability and remanded the issue of service connection for lumbosacral spine degenerative joint disease with bilateral lower extremity radiculopathy due to lack of evidence establishing a current disability.

The Board has granted service connection for right calcaneus fracture/sprain, left shoulder degenerative joint disease, and right shoulder degenerative joint disease. Service connection is also granted for degenerative joint and disc disease of the cervical spine and lumbar spine degenerative joint disease. The claim for a left knee condition remains pending.

The Veteran's PTSD is rated at 70 percent, effective February 10, 2006. A TDIU is granted for the same period.

The Board has remanded several issues for further development, including obtaining medical records from the Social Security Administration and conducting new examinations to address service connection claims.

The Board has remanded the cases for further development due to inadequate examination reports and opinions. The Veteran's service-connected right knee disability is alleged to have caused or aggravated his lumbar spine strain and left knee meniscus tear.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's degenerative disc disease of C5-C6 is secondary to her service-connected lumbago.

The Veteran's low back condition, including arthritis and degenerative disc disease, is found to be related to his service due to chronic pain he experienced since his service. The Board granted the claim for service connection.

The Veteran's appeal was denied for entitlement to an initial rating higher than 30 percent for PTSD.,The Veteran's appeal was denied for entitlement to a disability rating higher than 10 percent for her back disability.,The Veteran's appeal was denied for entitlement to an initial rating higher than 10 percent for GERD.,The Veteran's appeal was denied for entitlement to a compensable rating for allergic rhinitis.

The Veteran's low back disability is rated at 20 percent, the maximum rating available under Diagnostic Code 5243. The Board found that the evidence does not support a higher rating due to functional loss or ankylosis.

The Veteran's appeals regarding increased rating for bilateral hearing loss, service connection for spinal stenosis of the lumbar spine, and service connection for a frontal lobe tumor are being remanded due to new evidence received since the last decision.

The Board has determined that new evidence was submitted after the March 2015 denial, warranting readjudication of the claims for service connection for a low back disorder and left hip condition. The claims are now remanded to obtain appropriate medical examinations.

The Board has decided to remand the claims for diabetes mellitus, type II and low back disability as well as their secondary leg disabilities due to the need for an in-person VA examination. The Veteran's service connection claim for diabetes is being reopened based on new evidence.

The Veteran's request for an earlier effective date than July 1, 2009 for the award of a 30% evaluation for right foot injury with great toe fracture is dismissed.,The Veteran's request for an earlier effective date than May 7, 2012 for the grant of service connection for a right hip strain is dismissed.,The Veteran's request for an earlier effective date than March 12, 2010 for the award of service connection for low back disability with a 20% evaluation is dismissed.,The Veteran's requests for earlier effective dates prior to August 18, 2015 for impairment of right hip, limitation of flexion of right thigh (hip), left hip strain, and limitation of flexion of left thigh (hip) are all dismissed.,The Veteran's request for an earlier effective date than August 18, 2015 for a 20% evaluation for right shoulder rotator cuff tendonitis status-post surgery is dismissed.

The Board has remanded the Veteran's claims due to insufficient evidence and the need for additional VA treatment records.

The Board has remanded the Veteran's claims of service connection for back disability and bilateral knee disabilities due to a lack of VA examination results. The case will be reviewed again after these examinations are completed.

The Veteran's low back disability is rated at 40 percent, and a separate rating of 10 percent for urinary incontinence as a residual of the low back disability is granted.

The Board denied a disability rating greater than 10 percent for lumbar spine strain prior to October 18, 2019 and denied a disability rating greater than 20 percent for lumbar spine strain since October 18, 2019.

The Board dismissed the Veteran's claim for an earlier effective date for TDIU as it was granted with a January 16, 1996 effective date. The remaining claims of increased ratings for lumbar spine and bilateral lower extremity disabilities are remanded.

The Board has decided to remand the Veteran's claims for increased rating for lumbar strain and TDIU due to incomplete records, including SSA disability benefits records. The Veteran needs to provide VA treatment records from September 2014 to the present and any private treatment records. A new VA examination is required to assess the severity of his lumbar spine disability.