Back / lumbar spine decisions — 2020

The Board denied service connection for degenerative arthritis of the lumbosacral spine and right knee, finding no evidence linking these conditions to service or a service-connected disability.

The Veteran's claim of service connection for a low back disability, to include degenerative arthritis, is granted. The case is remanded for further development and examination.

The Veteran's disability rating for lumbar spine strain is denied as it did not meet the criteria for a higher rating prior to January 17, 2013. A separate rating of 10 percent was assigned for right lower extremity radiculopathy and another 10 percent for left lower extremity radiculopathy effective from January 17, 2013. The Veteran's TDIU claim prior to this date is granted on an extraschedular basis.

The Veteran's claims for service connection are remanded due to the need for additional records, including SSA and Vet Center treatment records.

The Veteran's appeals for increased ratings and earlier effective dates have been dismissed due to his withdrawal of the appeal.,The Veteran's claims for service connection for hypertension, left hip disorder, right hip disorder, gastrointestinal disorder, right knee disorder, and left knee disorder are remanded.

The Veteran's TDIU claim prior to June 24, 2010 is being remanded for the VA Director of Compensation Service to consider if an extraschedular rating should be assigned.

The Veteran's lung condition, back disability, and neck disability are all granted service connection. The lung condition is related to in-service abscesses, the back disability does not have a documented onset during service or be linked to an injury, event, or disease, and the neck disability also lacks documentation of onset during service.

The Veteran's claims for increased disability rating, service connection for a back disability and depressive disorder are remanded due to the need for additional examinations and opinions.

The Veteran's claim for an increased rating for her service-connected lumbar strain is remanded due to inadequate examination and addendum opinions. A new VA examination with a different examiner is required.

The Veteran's claim for service connection for right ear hearing loss has been reopened and granted. The claim for an increased rating for degenerative disc and joint disease of the lumbar spine with intervertebral disc syndrome and mechanical back pain syndrome is denied, as are claims for service connection for pain and numbness of the genitals (secondary to the service-connected lumbar spine disability) and asthma.

The Veteran's lumbar spine disability was rated at 20 percent prior to September 20, 2016. From September 20, 2016 onwards, the rating is denied as his condition does not meet the criteria for a higher rating based on unfavorable ankylosis or incapacitating episodes.

The Veteran's lumbar spine disability is rated at 60 percent, effective March 11, 2013. The Board found that the Veteran’s symptoms and their severity are contemplated by the rating schedule and thus an extraschedular rating for his lumbar spine DDD is not warranted.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it was incurred during active service.

The Veteran withdrew his appeals for migraine headaches, back disability, and right knee disability.

The Board has granted a 20 percent evaluation for low back strain with degenerative arthritis, effective from the entire period on appeal. The Veteran's condition is currently rated as 10 percent prior to August 19, 2015 and from November 5, 2016 through September 9, 2019, and 20 percent thereafter.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative disc and joint disease of multiple levels of the lumbar spine is being remanded due to insufficient evidence from a recent VA examination. The Veteran reported difficulty with flare-ups, but the examiner did not fully describe these issues.

The Veteran's claim for service connection for a skin disorder is granted. The claims for left hand and right hand disorders, lumbar spine, cervical spine, right shoulder, and left leg disorders are all denied.

The Veteran's back disability, characterized as lumbosacral strain, has been rated at 20 percent since November 2017. The rating is based on the presence of muscle spasms severe enough to result in an abnormal gait or abnormal spinal contour.

The case is being remanded due to the submission of new evidence and a request for further medical inquiry. The Veteran's attorney has requested additional development, including obtaining records from Kansas University School of Medicine.

The Veteran's lumbosacral strain is rated at 10 percent, and the Board has denied an increased rating. The TDIU claim is also remanded for further adjudication.