Back / lumbar spine decisions — 2020

The Board has granted service connection for left elbow epicondylitis, cervical degenerative joint disease, lumbar degenerative disc disease, right ankle degenerative arthritis, and right knee chondromalacia as secondary to the Veteran's service-connected fibromyalgia.,Giving the Veteran the benefit of the doubt, the Board found that his service-connected fibromyalgia aggravated each of these conditions.

A disability rating of 20 percent for a back disability is granted, effective December 9, 2019.,Initial compensable ratings are denied for right and left lower extremity radiculopathies prior to May 15, 2018. Ratings in excess of 10 percent are granted thereafter.,A 10 percent rating is granted for each ankle disability prior to October 21, 2013. Ratings in excess of 10 percent are denied after that date.,Initial compensable ratings are denied for right and left shoulder disabilities.

The Board has remanded the Veteran's claims for increased ratings for his thoracolumbar spine intervertebral disc syndrome, right lower extremity sciatic nerve radiculopathy, right lower extremity femoral nerve radiculopathy, and left lower extremity radiculopathy due to lack of recent VA treatment records and insufficient current evaluations.

The Board has denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his service-connected conditions do not prevent him from securing or following substantially gainful employment. The Board also remanded the issue of a disability rating in excess of 10 percent for the period from March 19, 2012, to August 1, 2018, for service-connected degenerative joint disease of the lumbar spine.

The Board denied a higher rating for the Veteran's service-connected lumbar spine disability, finding that his symptoms did not meet the criteria for a rating greater than 20 percent.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine DDD is denied. The disability does not meet the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine.

The Board has remanded several claims for further development due to incomplete records and the need for additional medical opinions. The Veteran's service connection claims are being returned to VA for these purposes.

The Board denied an initial rating in excess of 20 percent for lumbosacral strain prior to February 25, 2019. The Veteran's disability was found to be manifested by forward flexion to 50 degrees with no additional functional limitation due to pain.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective January 19, 2010. The Board found that the Veteran became unemployable due to her service-connected lumbar spine disability several years prior to the date of the initial claim.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's neck disability, specifically whether it is related to his service-connected OSA or if it was incurred in service. The VA must obtain medical records and provide an addendum opinion from a clinician.

The Veteran's service-connected disabilities other than PTSD render him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability and for entitlement to TDIU due to outstanding medical records being needed.

The Board has granted service connection for a low back disability and remanded the neurological disability claim.

The Board has determined that additional development is needed for the Veteran's claims of service connection for low back pain and ankle weakness, as there are outstanding records from Social Security Administration (SSA) and VA opinions are required to address the etiology of these conditions.

The Board denied service connection for hepatitis B, low back disorder, and acquired psychiatric disorder. The claims were not reopened due to lack of new and material evidence.

The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU on both schedular and extra-schedular grounds.

An increased disability rating of 40 percent for lumbar myositis with discogenic disease (back disability) is granted from July 12, 2012 to May 10, 2016.,Higher initial disability ratings of 20 percent are granted for left and right lower extremity radiculopathy and peripheral neuropathy from July 12, 2012.

The Board has determined that the Veteran's erectile dysfunction is less likely than not proximately due to or aggravated by his service-connected thoracolumbar spine and lower extremity disabilities, including medications taken for these conditions. Therefore, the claim for service connection for erectile dysfunction is denied.

The Board denied increased evaluations for thoracolumbar arthropathy and lower extremity radiculopathy of the sciatic and femoral nerves, finding that the evidence did not support ratings higher than 20 percent.

The Board denied service connection for a low back disability, including DDD and degenerative arthritis of the lumbar spine, finding that there was no evidence of chronic in-service injury or disease, and that the current condition is not related to an in-service injury. The preponderance of evidence supports attributing the current disability to natural aging rather than service.