Back / lumbar spine decisions — 2020

The Veteran's claim for an earlier effective date for the award of a separate rating for loss of sensation in his right and left lower extremities was granted, with the effective date set at November 15, 2006.

The Board denied the Veteran's claims for service connection of a back disability and entitlement to TDIU, finding that there was no evidence linking his current back condition to his service-connected right knee disability or any other service-connected conditions. The Board also found that the Veteran’s service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Board has remanded the cases for further development and clarification of the Veteran's claims, including obtaining authorization to obtain private treatment records related to his kidney condition. The AOJ must also consider all pertinent STRs in the low back condition case.

The Board has remanded the issues of service connection for left hand, right hand, and left wrist disabilities secondary to the service-connected right wrist disability. The Veteran's right wrist disability is currently rated as 10% disabling from January 3, 2013 to February 13, 2013 due to a temporary total rating based on convalescence following surgery. For the period prior to and after this date, the Veteran’s right wrist disability is not entitled to an increased rating.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as his service-connected lumbar spine disorder does not render him unable to perform gainful employment in occupations that involve primarily-seated duties.

The Board has remanded the cases for additional development, including obtaining VA and private treatment records, relevant SSA records, and a new VA examination to assess the current severity of the Veteran's back disability.

The Board has denied a rating in excess of 20 percent for the Veteran's thoracolumbar spine disability, specifically residuals of a herniated nucleus pulposus (HNP), and denied initial ratings in excess of 10 percent for bilateral lower extremity radiculopathy. The appeal is remanded for further development.

The Board has decided to remand the case due to inadequate opinion and non-compliance with previous remands. The claim for service connection of a lumbar spine disability is being returned for further development.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine strain with IVDS and right lower extremity radiculopathy due to inadequate examination findings. The Veteran is required to provide authorization for private treatment records, and a new VA examination must be conducted.

The Veteran's left knee patellofemoral syndrome and lumbar spine degenerative disc disease prior to April 30, 2019 are service-connected. The Veteran is granted a 20% disability rating for the lumbar spine condition.

The Veteran's claims for service connection for an acquired psychiatric disorder, a low back disorder, and bilateral shoulder disorders have been reopened. The Board finds that the preponderance of evidence supports these claims.

The Board has remanded the claims for increased ratings for thoracolumbar, left shoulder, and right shoulder disabilities due to inadequate examinations.

The Board has remanded the case for further development due to insufficient medical opinions regarding service connection.

The Board denied service connection for degenerative arthritis of the lumbar spine, right hip replacement, and left hip replacement as there was no evidence to support a nexus between these conditions and active service.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's lower back condition. The examiner did not address the slow-growing nature of the osteoblastoma and the continuity of symptomatology.

The Veteran's claim for an increased disability rating and TDIU for his service-connected IVDS and degenerative arthritis of the lumbar spine was denied. The Board found that the Veteran did not meet the criteria for a greater than 40 percent disability rating at any time during the appeal period.

The Board has remanded the cases due to insufficient reasons provided and the need for further examination.

The Board has remanded the claims for increased rating for lumbar spine disability, service connection for left knee disorder, and TDIU based on all service connected disabilities due to new evidence being associated with the record.

The Veteran's initial compensable disability rating for bilateral hearing loss from October 19, 2009 and a higher than 20 percent rating from January 29, 2020 are denied. The Veteran's lumbar spine degenerative changes are granted with a 20 percent disability rating.

The Veteran's claims for service connection have been granted, with the exception of his right knee condition and left lower extremity neurological condition.,The Veteran has multiple conditions that were found to be related to service or secondary to other service-connected disabilities.