Back / lumbar spine decisions — 2020

The Veteran's claims for glaucoma, ulcers, and hemorrhoids have been denied as there is no current evidence of these conditions during the appeal period.,The Veteran's claims for bilateral hearing loss, diabetes mellitus type II, hypertension, a bilateral lower leg disability (including swelling), and a neck, shoulder, or upper back disability are remanded due to insufficient medical records.

The Veteran's lumbar spine disability is rated at 40 percent, effective May 14, 2020. He also received a separate rating of 10 percent for radiculopathy of the right lower extremity and 20 percent for radiculopathy of the left lower extremity. The Veteran was granted TDIU status from November 23, 2016 through December 31, 2017, and SMC at the housebound rate during that period.

The Veteran's petitions to reopen the claims of service connection for a vision disorder, body rash, and back disorder have been dismissed. The petition to reopen the claim of service connection for left hand disorder has been granted.,The petition to reopen the claim of service connection for left knee disorder has been granted. The petition to reopen the claim of service connection for left foot disorder has been granted. The petition to reopen the claim of service connection for left ear hearing loss has been granted. The petition to reopen the claim of service connection for PFB has been granted.,The Veteran's petitions to reopen the claims of service connection for prostate cancer and erectile dysfunction have been remanded.

The Veteran's claim for a higher rating for lumbar strain prior to September 13, 2018 and from September 13, 2018 and thereafter was denied. The Veteran's claim for TDIU due to service-connected disabilities was also denied.

The Board has remanded the cases for further development and examination, as no VA examiner has provided an opinion regarding the relationship of any current disorders to service.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting evidence regarding the etiology of her neurological symptoms. The VA must obtain an addendum opinion clarifying whether these symptoms are related to either her cervical spine or right shoulder disability.

The Veteran's appeal for a higher disability rating for his lumbar spine condition has been dismissed as he withdrew the claim in May 2020.

The Board denied service connection for a low back disability as there is no evidence of a disease or injury incurred in line of duty during the appellant's qualifying period of active duty for training (ACDUTRA) from May to October 2006. The incident that allegedly caused the low back disability occurred during National Guard training, which was not shown to be federalized service.

The Board denied the Veteran's claims for increased ratings for his service-connected conditions, including right lower extremity deep venous thrombosis, left shoulder tendonitis, left knee patellar tendonitis, right knee degenerative joint disease with Baker's cyst, and lumbar degenerative disc disease. The evidence did not support granting any higher ratings than the current 20 percent for these conditions.

The Board found that the reduction of the disability evaluation for lumbar strain from 20 percent to 10 percent was proper due to evidence showing the Veteran's symptoms were attributed to nonservice-connected degenerative disc disease (DDD) of the lumbar spine.

The Veteran withdrew his appeal for service connection of lumbar strain, anxiety, and plantar fasciitis.

The Veteran's service connection claims for a back disability, shrapnel in the left leg, asbestosis, and an acquired psychiatric disability (PTSD) are denied. The claim for residuals of shrapnel in the left leg is granted.

The Veteran's service-connected disabilities did not render him unable to obtain substantially gainful employment during the periods of TDIU claims from July 29, 2013 to June 3, 2014, and from July 31, 2015 to October 18, 2016. From December 1, 2016 to March 1, 2017, the Veteran's combined disability rating was 90 percent, which rendered his TDIU claim moot due to the assignment of a 100 percent schedular rating.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbar spine disability, specifically concerning additional loss of motion during flare-ups.

The Board vacates the denial of reopening claims for service connection for a low back disability and bilateral hip disability, but leaves intact the denial of secondary service connection for a low back disability. The increased ratings for left knee disabilities are also vacated.

The Board has decided to remand the claims for service connection and TDIU due to insufficient evidence in the November 2018 examination. The Veteran's low back disorder is being reviewed again, and a new opinion will be requested.

The Board has granted service connection for tinnitus, finding that the Veteran's long-standing symptoms are more likely than not related to in-service noise exposure. The other conditions were either denied or remanded.

The Veteran's asthma is not service-connected. The lumbar spine disability is rated at 40 percent, but no higher, throughout the appeal period. The Veteran is granted a TDIU from November 2015.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 20 percent, which reflects the severity of his condition as determined by VA examinations. The Board found that the evidence did not support a higher rating based on current functional impairment.

The Board has granted the Veteran's petitions to reopen his claims for service connection of degenerative arthritis of the lumbar spine, status post left rotator cuff repair with partial tearing with degenerative changes and bursitis, sarcoidosis, diabetes mellitus, and an acquired psychiatric disorder. The cases are remanded due to new evidence received since the last final rating decisions.