Back / lumbar spine decisions — 2020

The Veteran's cervical spine disability was not more nearly manifested by forward flexion limited to 15 degrees or less, and the thoracolumbar spine disability was not more nearly manifested by forward flexion limited to 30 degrees or less during the periods of appeal.,The Veteran's cervical spine disability did not meet the criteria for a higher rating as it did not show forward flexion of 15 degrees or less, or favorable ankylosis of the entire cervical spine. The thoracolumbar spine disability was also not more nearly manifested by forward flexion limited to 30 degrees or less.

The Board has remanded several claims for additional evidence, including private treatment records from the Veteran's healthcare providers. The Veteran is advised to provide authorization forms for these records.

The Board has remanded three issues related to the Veteran's lumbar spine disability and associated radiculopathy of the lower extremities due to inadequate examinations, in particular regarding functional loss during flare-ups.

The Board has restored the Veteran's 60 percent disability rating for lumbar disc disease and reinstated his SMC at the housebound rate. However, the issue of higher schedular ratings for lumbar disc disease remains pending as additional development is required to obtain relevant VA treatment records.

The Veteran's claim for an initial rating in excess of 20 percent for a back disability, characterized as degenerative disc disease with low back strain, secondary to a left ankle disability status post fracture, is denied. The claim for entitlement to total disability based on individual unemployability (TDIU) is also denied.

The Board has remanded the issues of service connection for respiratory disorder, to include rhinitis; initial rating in excess of 10 percent for a low back disability; and rating in excess of 10 percent for a right knee disability.

The Board has reopened the Veteran's claims for bilateral knee disability and acquired psychiatric disorder (including major depressive disorder), but these claims are being remanded due to the need for additional development, including an exhaustive search for VA medical center records and a VA examination.

The Board denied the Veteran's claim to reopen his service connection for a back condition, finding that new and material evidence had not been received since the July 2014 rating decision.

The Board has granted the reopening of the claim for service connection for a back disability, but has remanded the issue to obtain an addendum opinion regarding whether the Veteran's pre-existing scoliosis was aggravated by his military service.

The Veteran is entitled to an earlier effective date of April 14, 2008 for a TDIU due to her service-connected disabilities and inability to secure or follow substantially gainful employment.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, duodenal ulcer, lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy have all been denied. The effective date of the awards is April 23, 2014.

The Board denied service connection for a back disorder, bilateral lower extremity neurological disorders (ranging from radiculopathy to adhesive capsulitis), right shoulder disorder, and left shoulder disorder. The evidence did not establish that these conditions were incurred in or aggravated by military service.,Service connection was denied as the preponderance of the evidence showed that the Veteran's current diagnoses were not related to his military service.

The Veteran's bilateral hearing loss is granted as service connection due to exposure to acoustic trauma during active service.,Service connection for an acquired psychiatric disorder, including PTSD, is granted based on the benefit of doubt and his active service.

The Veteran's claim for a TDIU is remanded due to the need for additional information and potential extraschedular consideration.

The Board dismissed the claim for a total disability rating based on individual unemployability (TDIU) because the Veteran's other service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Board has remanded the Veteran's claims for service connection and rating increases due to new evidence of worsening symptoms. The issues include bilateral hearing loss, low back disability, left knee tendonitis, and traumatic arthritis of the bilateral big toes.

The Board has decided to remand the Veteran's claims of service connection for low back and right wrist conditions due to outstanding records, including private treatment records and Social Security Administration (SSA) records. The Board also ordered a new etiological opinion on both issues.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, ischemic heart disease, and various gunshot wound residuals, have resulted in loss of use of the lower extremities. The Board has granted specially adapted housing for these conditions.

The Veteran's bilateral hearing loss is granted as service-connected.,Service connection for the back condition and arthritis of both feet are denied.,The case is remanded to obtain a VA examination for the right foot condition.,The case is remanded to obtain a VA examination for the left foot condition.

The Board has remanded the Veteran's claims due to incomplete records and requests for additional evidence. The issues of service connection for right ear hearing loss, low back strain, left foot condition, right foot condition, and left knee condition are being returned to the AOJ for further development.