Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for Addison’s disease, eczema, and a back disability due to insufficient evidence regarding their onset or causation during service. The Veteran is presumed sound upon entry into service as to his back condition.

The Board has decided to remand three issues: service connection for lumbar disability, spontaneous pneumothorax, and a compensable rating for left ear hearing loss. The Veteran's claims are being returned due to the need for additional records and medical opinions.

The Board has determined that a remand is necessary to obtain an adequate opinion regarding whether the Veteran's back disability is related to his military service, or in the alternative, caused or aggravated by his service-connected bilateral knee arthritis.

The Board granted a rating of 40 percent for the Veteran's functional scoliosis of the lumbar spine with degenerative joint disease from May 4, 2015. The previous ratings were denied.

The Veteran's claims for service connection for sleep apnea, a left knee disorder, lumbar/thoracolumbar spine degenerative disc disease as secondary to the right knee disability, degenerative arthritis of the left knee as secondary to the right knee disability, and hip conditions (right and left) are all granted. The claim for service connection for sleep apnea is remanded.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine has been reopened and granted.,A compensable disability rating (30%) is granted for bilateral hearing loss.,A disability rating in excess of 70 percent prior to July 27, 2016 for PTSD is granted.

The Veteran's service-connected PTSD and lumbosacral strain have prevented him from obtaining and retaining substantially gainful employment. The Board has determined that the criteria for an award of a TDIU are met, but has also remanded his claims for right shoulder disorder, left shoulder disorder, and sleep disorder to include sleep apnea.

The Board has remanded the Veteran's claims for service connection for left hip and lumbar spine disabilities, as secondary to his service-connected left knee disability due to insufficient evidence. The VA needs to obtain the Veteran’s service treatment records from his periods of active duty in 2015 and 2017, seek any outstanding VA medical records related to his conditions, and schedule him for an examination by a clinician to determine if his disabilities are proximately due or aggravated by his service-connected left knee disability.

The Board has granted service connection for left ankle disorder and lumbosacral strain as secondary to the Veteran's service-connected left knee disabilities. The right hip disorder and TDIU issues are remanded.

The Veteran's irritable bowel syndrome and hypertension are currently rated at the maximum allowed under VA guidelines, with no further increase in rating possible.,Compensation for Total Disability based on Individual Unemployability (TDIU) is granted beginning June 15, 2018. The Veteran’s service-connected disabilities prevented him from performing the physical and mental acts required for employment.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, left and right lower extremity radiculopathy, and cervical spine conditions, render him unable to secure or follow a substantially gainful occupation. A total disability rating due to individual unemployability (TDIU) is granted.

The Veteran's claim for service connection of a left shoulder disability is denied as there is no evidence linking the current condition to service.,Her right wrist tendonitis has been rated at its maximum schedular rating (10%) and further evaluation is needed due to worsening symptoms.,The Veteran’s right hand weakness, which she claims is secondary to her right wrist tendonitis, was not addressed in the most recent VA examination. Further evaluation is required to determine if it should be service-connected.,Her low back disability has been rated at 40% and a higher rating is sought due to worsening symptoms since the last VA examination.

The Board has granted an earlier effective date of February 20, 2004 for service connection for Irritable Bowel Syndrome and has also granted service connection for a lumbar spine disability.

The Board has remanded the claims for right knee disorder, low back disorder, hypertension, chronic kidney disease, and skin disorder due to concerns about the adequacy of the medical opinions provided. The VA is instructed to obtain a new opinion from a clinician regarding whether these conditions are related to active duty service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back condition is related to service, including his in-service injury and his current service-connected right knee disability.

The Board has remanded the case due to the need for additional medical records and a VA addendum opinion regarding the Veteran's lumbar spine disorder.

The Veteran's claims for increased ratings of bilateral pes planus and plantar fasciitis, degenerative disc disease and spondylosis of the thoracolumbar spine, arthritis of the left knee, radiculopathy of the sciatic nerve of the lower extremities, and residual scarring from salivary gland surgery have all been denied. The effective dates for service connection grants are also denied.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and arranging for a VA examination to assess the severity of his service-connected lumbar spine degenerative arthritis from January 2011 to July 2018. The case will also be referred to the Director, Compensation Service, for extraschedular consideration of TDIU.

The Veteran's claims for service connection have been reopened and are now pending. The issues of entitlement to service connection for degenerative disc disease, spinal spondylitis, obstructive sleep apnea, bilateral knee disorder, bilateral ankle disorder, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (PTSD) remain on appeal.

The Board has ordered a remand to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's claimed back disability, including whether it is related to service or pre-existed service.