Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for his service-connected lumbar spine disability and for a TDIU prior to January 28, 2011. The claims are being remanded due to insufficient evidence and need further development.

The Board has granted a TDIU from July 17, 2018. The Veteran's service-connected disabilities have rendered him unemployable since that date. The case is remanded for additional development regarding increased ratings and prior to July 17, 2018.

The Veteran's initial increased rating for Major Depressive Disorder prior to April 26, 2016 was granted. An increased rating of 70 percent for Major Depressive Disorder beginning April 26, 2016 was denied. The Veteran received an initial compensable rating (10%) for Left Lumbar Radiculopathy and a 40% rating for his Lumbar Strain Disability starting March 2, 2006. Other issues were remanded.

The Veteran's service-connected disabilities did not preclude him from securing and following any substantially gainful occupation during the period on appeal, thus his TDIU claim based on an extraschedular basis is denied.

The Veteran's intervertebral disc syndrome of the low back is currently rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of evidence showing forward flexion limited to 30 degrees or less.

The Board has remanded the Veteran's claims for service connection for lumbar spine arthritis, cervical spine arthritis, right knee strain, and left knee strain due to lack of evidence linking these conditions to his military service.

The Board has decided to remand the case due to incomplete records and an inadequate VA examination. The claim for service connection of a back condition is reopened, but further evidence and an updated medical opinion are needed.

The Board has determined that the preponderance of evidence is against finding a nexus between the Veteran's hypertension and her service-connected psychiatric disability. The claims for bilateral foot condition, low back condition, cervical spine condition (right side of neck), right arm condition, and right shoulder condition are remanded for further evaluation.

The Veteran's claim for a higher rating for his low back disability since April 12, 2018 was denied as the evidence did not show ankylosis of the thoracolumbar spine.

The appeal with respect to the Veteran's entitlement to a rating in excess of 10 percent for status post heart valve replacement from March 28, 2017 to February 11, 2018, and in excess of 30 percent thereafter is dismissed. The issues of service connection for upper respiratory infections, low back disability, and flat feet are remanded.

The Veteran's lumbar spine disability is being remanded for a new VA examination to assess the current severity of his condition, as over three years have passed since the last examination. The claim will be readjudicated after the examination.

The Board has remanded the Veteran's claims for an increased rating for his thoracolumbar spine disability and for TDIU due to service-connected disabilities. The claims must be reconsidered with consideration of new evidence.

The Veteran's appeal for a rating in excess of 40 percent for degenerative disc disease (DDD) of the lumbar spine is dismissed. The Board also granted an effective date of December 7, 2010 for total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's appeal for an increased evaluation of tinnitus is denied as the maximum schedular rating has already been assigned.,The Veteran's appeals for service connection and evaluations for various conditions are remanded due to need for additional medical examinations.

The Board has decided that the Veteran's claims for service connection regarding a bilateral hand disability, low back disability, and an acquired psychiatric disorder (to include depression) need further development. The case is being remanded to obtain additional medical records and to provide new VA examinations.

The Board has remanded the Veteran's claims for service connection of various orthopedic conditions, including low back, bilateral hip, knee, and shoulder issues. The Veteran was also granted Social Security disability benefits in 2012.

The Board has remanded the claims of service connection for cervical-spine disorder and entitlement to TDIU due to inadequate medical opinions in previous VA examinations.

The Veteran's claim for a higher rating for PTSD was denied, and his claim for TDIU was also denied. The Board found that the Veteran’s PTSD more nearly approximated occupational and social impairment with reduced reliability and productivity but did not meet the criteria for a 70% or higher disability rating.

The Board has remanded the Veteran's claims for service connection for a back disability, bilateral foot condition (excluding plantar tendonitis and hammer toe deformity), vertigo (including BPPV), and fatigue due to potential new evidence or clarification of medical opinions.

The Veteran's application to reopen the claim for service connection for an acquired psychiatric disorder was denied. The claim for a low back disorder was also denied as there is no evidence of a chronic condition that began in service.