Back / lumbar spine decisions — 2020

The Veteran's claims for higher ratings for degenerative joint disease of the lumbar spine and right hip are being remanded due to the need for additional examinations.

The Veteran's claims for a higher rating for lumbosacral strain and TDIU were denied due to his failure to report for scheduled VA examinations without good cause.

The Board has dismissed the appeals for service connection of lower back disorder, hearing loss, tinnitus, and pseudofolliculitis barbae as the Veteran passed away during the appeal process.

The Veteran's claim for a higher rating for service-connected lumbar strain is remanded due to inadequate examination findings.

The Board has denied the Veteran's claims of service connection for a back disability and right hip disability, finding that there is no evidence to support these conditions were incurred in or are related to his military service.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected radiculopathy of the right lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's service-connected radiculopathy of the left lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded several claims, including those related to polycystic ovary syndrome, right arm disability, right elbow bursitis, chronic otitis externa, duodenal ulcers, and other conditions. The Veteran is also required to submit a completed application for increased compensation based on unemployability (VA Form 21-8940).

The Board has remanded the claims for service connection and rating of left ear hearing loss due to outstanding VA examinations. The Veteran's willingness to participate in future exams is noted.

The Board has granted the Veteran's claim for secondary service connection for a back disability to include as secondary to his service-connected bilateral knee disability, finding that the current back disability is proximately due to or the result of his service-connected bilateral knee disability.

The Board has dismissed all appeals related to the Veteran's claims for increased ratings and effective dates, as well as his entitlement to a TDIU. The issues have been resolved by withdrawal of appeal.

The Veteran's claims for increased ratings for lumbar and cervical spine disabilities are being remanded due to the need for clarification on the status of his diagnosed ankylosis.

The Veteran's claim for increased ratings for his service-connected back condition was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to January 29, 2013 and from January 29, 2013 to October 11, 2019. After October 11, 2019, his condition was rated at 60 percent based on IVDS with episodes of bed rest having a total duration of at least six weeks during the prior 12 months.

The Board has denied the Veteran's claims for service connection of low back disorder, left knee degenerative arthritis, right knee degenerative arthritis, and bilateral foot disorder (paraplegia) as they are not related to his active duty service.

The Veteran's claims for higher ratings for various service-connected conditions were denied. The lumbar sprain and cervical spine degenerative arthritis prior to August 24, 2011 are rated at 20 percent each, but not higher. Other conditions have been denied.

The Veteran's appeal is remanded for further examination and development due to unclear records regarding left index fingertip amputation, and new examinations are needed for his lumbar strain, right hip bursitis, gastric ulcers, and adjustment disorder.

The Veteran's claims have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's claim for a higher rating for lumbar disk disease was denied before September 9, 2013. From September 9, 2013 to October 1, 2018, he received a 20% rating. After that date, his condition warranted no higher than a 40% rating. Service connection for bilateral hearing loss was granted.

The Board has determined that the Veteran's claims for service connection of various disabilities, including knee and ankle conditions as well as sinusitis and allergic rhinitis, require additional medical examination to determine their etiology.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and development of records.

The Veteran's lumbar spine condition was rated at 40 percent from February 13, 2012 to January 20, 2015.,A rating in excess of 40 percent for the lumbar spine condition from January 21, 2015 is denied.