Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings for left and right knee patellofemoral syndrome, as well as a separate rating for lower extremity radiculopathy, are granted. The claim for an initial disability evaluation in excess of 10 percent for lumbar spine disorder is remanded.

The Board has remanded the Veteran's claims for service connection for various disabilities, including right thumb disability, right thumb scarring, lumbar spine disability, upper respiratory disability (diminished lung capacity), sleep apnea disability, bilateral hearing loss, and tinnitus. The VA is directed to provide examinations and obtain medical opinions regarding the etiology of these conditions.

The Veteran's service-connected cervical and lumbar spine disabilities are currently rated at 10 percent each, but the Board finds that a higher rating is not warranted.

The Veteran's SFW and associated degenerative disc disease are rated at 20 percent, but the TDIU claim is denied.

The Veteran's claim for a sleep disability is dismissed as he withdrew his appeal.,The claims of entitlement to service connection for right ankle sprain and left ankle sprain are granted, with the cases being remanded for further development.

The Veteran's service-connected back and right hip disabilities have rendered him unable to secure or follow substantially gainful employment, which has been granted as a total disability rating based on unemployability (TDIU).

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected, while his thoracolumbar spine disorder is denied. The Veteran's foot fungus condition does not warrant an increased rating.

The Veteran's appeal concerning whether a November 1969 rating decision involved clear and unmistakable error (CUE) in reducing the evaluation assigned for his service-connected lumbosacral strain from 20 to 10 percent has been dismissed as there is no longer a case or issue in controversy due to restoration of the prior rating.

The Board has remanded the claims for dependency and indemnity compensation based on a claim of entitlement to service connection for cause of death, as well as accrued benefits for special monthly compensation. Additional development is needed due to incomplete medical opinions and potential links between service-connected disabilities and the Veteran's death.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed as the Veteran withdrew his appeal.,Service connection is granted for tinnitus, but a rating in excess of 10 percent for lumbar spine disability and left shoulder disability is denied.

The Board denied an extraschedular rating for the Veteran's service-connected back disability, finding that his symptoms were adequately contemplated by the established schedular criteria.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence of chronicity of symptoms since service and concluding that his current back disorder is less likely related to military service.

The Board has granted service connection for a lumbar spine disability and remanded the right knee issue due to insufficient medical opinions. The Veteran's current conditions are a lumbar spine disability, right knee strain, tendonitis/tendinosis, and joint osteoarthritis.

A higher initial rating of 50 percent for the service-connected unspecified depressive disorder is granted. An increased rating in excess of 20 percent for the service-connected lumbar myositis from July 12, 2012 to May 10, 2016 is remanded.

The Veteran's claim for a higher rating for degenerative arthritis of the spine, status post herniated disc with lumbar fusion is denied. A TDIU was granted effective from January 9, 2019 (exclusive of a period of total schedular rating from December 01, 2015 to February 29, 2016).

The Veteran's service-connected lumbar spine and cervical spine disabilities are rated at the lowest possible level, with no evidence of forward flexion less than 60 degrees or other findings warranting a higher rating.

The Board denied the Veteran's claim for service connection for osteoarthritis of the thoracolumbar spine, finding no competent evidence linking his disability to his in-service exposure or any other basis.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities.

The Board denied the Veteran's claim for service connection for a low back disorder and granted an initial 10 percent evaluation for folliculitis. The low back disorder was not found to be related to service, including exposure to contaminated water at Camp Lejeune.

The Veteran's claims for increased ratings for his lumbar spine disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy are being remanded due to the need for additional examinations and the possible existence of outstanding VA treatment records.