Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and a need for further examination.

The Board has remanded the Veteran's claims for left shoulder and left wrist injuries, finding that VA's duty to assist has been triggered due to the need for treatment records and a VA examination.

The Veteran's claim for service connection for degenerative disc disease, lumbar spine was reopened and granted. The disability is considered to be a direct result of an injury during his active military service.

The Veteran's right foot disability has been rated at 30 percent, but the Board finds a higher rating is not warranted.,The Veteran's lower back disability has been rated at 10 percent, and the Board finds a higher rating is not warranted.,The Veteran's right knee disability has been rated at 10 percent, and the Board finds a higher rating is not warranted.,The Veteran's left knee disability has been rated at 10 percent, and the Board finds a higher rating is not warranted.

The Veteran's claim for an initial rating in excess of 40 percent for lumbar strain with degenerative joint disease of the spine from May 31, 2018 was denied.,The Veteran's claim for a rating in excess of 40 percent for gastric ulcer was denied.,The Veteran's claim for a rating in excess of 70 percent for major depressive disorder (recurrent) previously rated as depressive reaction was denied.

The Veteran's back condition is rated at 40 percent, effective October 1, 2012. The rating for radiculopathy in the right lower extremity is also granted at 20 percent. However, a higher rating of 40 percent for left lower extremity radiculopathy is not warranted.

The Board has remanded the claims for additional development due to lack of substantial compliance with previous directives and failure to show for VA examinations. The Veteran is required to provide cooperation in obtaining his VA treatment records and undergo VA examinations to determine if any right knee disability clearly and unmistakably preexisted service, and whether a low back disability is related to service or secondary to the right knee disability.

The Veteran's initial ratings for degenerative arthritis of the lumbar spine and left hip bursitis have been granted. The Veteran is also being remanded for additional examinations to determine proper rating levels, as well as for clarification on her service-connected conditions.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and low back disability have been denied as there is no current evidence of a hearing loss disability or tinnitus within the appeal period. The Board found that the June 2017 VA examination results did not show bilateral hearing loss for VA compensation purposes.,The Veteran's claim for service connection for tinnitus was also denied, with the Board finding that his reported tinnitus is at least as likely as not a symptom of his hearing loss and noting that there is no convincing evidence of significant acoustic trauma during active duty or periods of ACDUTRA/INACDUTRA.,The Veteran's claim for service connection for low back disability was denied, with the Board finding that the most probative evidence does not establish an etiological link between his current low back disability and a period of active duty service.

The Board has remanded the claims for service connection for cervical spine disability, evaluation of lumbar spine disability, TDIU prior to November 22, 2010, and effective date for DEA under Chapter 35.

The Veteran's service-connected lumbar spine disability was rated at 20 percent prior to October 29, 2019 and increased to 40 percent effective October 29, 2019. The appeal is denied as the evidence does not support a higher rating.

The Board denied service connection for a lumbar spine disability and a cervical spine disability, finding insufficient evidence of a nexus between the disabilities and service.

The Veteran's PTSD is granted at a 70 percent rating, effective October 11, 2019. Service connection for GERD and the lower extremity conditions are denied.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as he has maintained employment throughout the appeal period.

The Board has remanded the Veteran's claims for cervical spine disability and right hand carpal tunnel syndrome due to insufficient evidence regarding their etiology. The Veteran contends that his duties as an administrative specialist contributed to these conditions.

The Veteran's service-connected lumbar spine disability is granted as secondary to his right ankle condition. His bilateral hearing loss claim is denied, and he receives a 50% rating for adjustment disorder with depressed mood effective September 1, 2015. The restoration of the 20% rating for post-traumatic arthritis of the right ankle from September 1, 2015 is granted. Other claims are remanded.

The Veteran's appeal is remanded for further development on issues of service connection and rating for various conditions, including macrocytic anemia, low back disability, bilateral knee disability, peripheral neuropathy (secondary to macrocytic anemia), sinusitis with allergic rhinitis, and TDIU.

The Board denied service connection for a lumbar spine disorder and a cervical spine disorder, finding that there was no medical evidence linking the current conditions to service.

The Veteran's service-connected major muscle group pain associated with ischemic heart disease is granted as secondary to his back and joint pain.,However, the Veteran's claim for a higher disability rating for major muscle group pain was denied.

The Board has remanded the claims for service connection due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities, particularly his low back disability and bilateral hearing loss. The Veteran is required to undergo further medical examinations to determine if any current disabilities are related to active service.