Back / lumbar spine decisions — 2020

The Board has granted the petitions to reopen claims for service connection for left knee and right knee disabilities, but denied the petitions for service connection of low back, left ankle, and right ankle disabilities.

The Board has granted service connection for hypertension. The issues of service connection for a back condition, bilateral hip condition, and left ankle condition are remanded.

The Board denied service connection for a lumbar spine condition and gastroesophageal reflux disease (GERD). The Veteran's claims were remanded for additional examinations regarding her bilateral shoulder conditions.,VA medical records noted that the Veteran currently has pain in her left and right shoulders, but no diagnosed shoulder condition was found during previous VA examination.

The Board has remanded the Veteran's claims for higher ratings for his right and left knee disabilities, as well as his lumbosacral strain. Additional evidence is needed from private providers and VA records are to be obtained. A new examination is required to assess the current severity of these conditions.

The Veteran's lumbar strain with impingement of the L3-L4 dermatomes and DDD, along with left and right lower extremity radiculopathy, are granted at a 20 percent rating from August 15, 2005, to September 18, 2016, for lumbar strain with impingement of the L3-L4 dermatomes and DDD. The Veteran's left lower extremity radiculopathy is granted at a 20 percent rating since October 23, 2012, and right lower extremity radiculopathy is granted at a 20 percent rating since August 15, 2005. A TDIU is granted from August 15, 2005, to February 27, 2013.

The Veteran's initial disability rating for his back disability is denied, but he was granted separate ratings for right and left lower extremity radiculopathy.

The Board has remanded the cases of cervical and lumbar spine disabilities due to insufficient etiological opinions based on inaccurate factual premises. A new opinion is required upon remand.

The Veteran's tinnitus is granted as it is at least as likely as not related to in-service noise exposure.,Service connection for an acquired psychiatric disability, including PTSD, is granted. The Board finds the evidence to be in equipoise and grants service connection based on the Veteran’s reports of military stressors.

The Veteran's appeal for a total disability rating for individual unemployability (TDIU) was denied. The appeals for initial compensable ratings for right shoulder strain, bilateral tinea pedis and onychomycosis of the great toenails, and residuals, right hand status post transverse fracture distal fifth metacarpal were dismissed due to withdrawal by the Veteran's representative.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence. However, the matter is remanded as there are questions regarding whether the Veteran's preexisting condition was aggravated by his military service.

The Board has remanded the cases of service connection for a low back disability and depression due to inadequate medical opinions in previous examinations. The Veteran's claims will be further developed with new medical opinions.

The Veteran's claims of service connection for back condition and tinnitus are both granted. The Board found that the evidence supported a finding that these conditions were related to his military service.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's lumbar spine disability prior to September 14, 2017. The Veteran is entitled to a disability rating of 20 percent for this condition as of that date.

The Board has remanded the Veteran's appeal for further development and consideration, including obtaining additional records related to his in-service assault on a Military Policeman. The issues of service connection and TDIU are also being addressed as they are interrelated with the threshold matter concerning the character of discharge.

The Board has remanded the Veteran's claims of service connection for various disabilities due to incomplete records and need for further medical opinions.

The Board has remanded the case for further development and due process considerations, including obtaining a medical opinion on the nature and etiology of the Veteran's current low back disability.

The Veteran withdrew his claims for increased ratings in several service-connected conditions, and the Board has remanded for further examination of his bilateral knee disabilities and pulmonary sarcoidosis.

The Veteran's claims for increased ratings for migraine headaches and TDIU were denied. The Board found that the Veteran did not meet the criteria for a compensable evaluation for his migraines prior to April 5, 2019, or an evaluation in excess of 30 percent beginning April 5, 2019. For TDIU, the Veteran's service-connected disabilities combined to at least 40 percent disabling but did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine disability rating reduction was improper, and the 40 percent rating is restored. The compensable rating for PFB is denied. The issues of service connection for residuals of a left inguinal herniorrhaphy, cervical spine disability, increased initial ratings for chronic sinusitis and allergic rhinitis, and an increased rating greater than 40 percent for the lumbar spine disability are remanded.

The Board has granted service connection for bilateral knee disability and back condition, finding that the Veteran's symptoms are related to his military service.