Back / lumbar spine decisions — 2020

The Board has granted service connection for right knee disorder and low back disorder, both found to be aggravated by the Veteran's service-connected plantar fasciitis of the right foot with degenerative joint disease.

The Board denied service connection for various conditions, including gunshot wounds, hearing loss, tinnitus, joint diseases, and disabilities of the elbows, shoulders, wrists, ankles, knees, lumbar spine, cervical spine, esophageal cancer, skin disorders, heart issues, respiratory problems, and memory loss. The decision was based on a lack of evidence linking these conditions to service.

The Veteran's initial rating for major depressive disorder prior to April 9, 2012, is denied as his symptoms do not meet the criteria for a higher rating.,The Veteran's evaluation for degenerative disc disease of the lumbar spine is remanded due to insufficient examination findings and lack of information regarding flare-ups and repeated use over time.

The Board has decided to remand the cases of a recurrent cervical spine disability and a recurrent thoracolumbar spine disability due to insufficient evidence regarding their etiology.

The Veteran's radiculopathy, right lower extremity is rated at 40 percent and his TDIU is granted.,His back disability remains remanded for further examination.

The Veteran's initial 40 percent rating for lumbar spine DDD with mechanical low back pain is granted effective from September 28, 2011. The TDIU claim prior to this date remains denied.

The Board has remanded the claims for service connection and rating of the Veteran's right hand fracture, as well as his back disorder, bilateral foot disorder, and residuals of a left great toe injury. Additional development is needed to ensure all relevant medical records are considered and that an updated examination is conducted.

The Veteran was granted TDIU from September 1, 2011 to February 23, 2012 due to his service-connected disabilities preventing him from securing and following substantially gainful occupation.,The effective date for the grant of PTSD on the basis of CUE is denied as the Certificate submitted by the Veteran was already in the file when the June 2003 rating decision denying service connection for PTSD was issued.,An increased rating for hemorrhoids from September 1, 2011 is remanded due to missing VA treatment records.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's lumbar spine disability is related to service and whether it is aggravated by his service-connected left shoulder disability or amputation of both feet.

The Board denied service connection for low back, left lower extremity radiculopathy, right lower extremity radiculopathy, right knee, and left knee disabilities due to lack of evidence linking these conditions to service or any presumptive exposure.

The Board denied the Veteran's claim for an extraschedular TDIU prior to July 28, 2014 due to his service-connected disabilities not meeting the schedular criteria. From July 28, 2014, the Board granted a TDIU based on the evidence showing that the Veteran’s service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment.

The Board denied an initial disability rating in excess of 40 percent for the Veteran's lumbar spine DDD prior to May 18, 2012.

The Board has remanded the case due to inadequate examination results and a need for another VA examination to assess the severity of the Veteran's service-connected chronic back disability.

The Veteran's claims for back condition, mental condition (PTSD), sleep condition, and erectile dysfunction have been remanded due to the need for additional medical examinations.,New evidence has reopened the previously denied claims of service connection for these conditions.

The Veteran's claims for service connection for low back disorder and bilateral foot disorder have been remanded due to new evidence received since the previous decisions. The Board will now evaluate these claims in light of all available evidence.

The Veteran's motion to revise the February 2003 rating decision on the basis of clear and unmistakable error (CUE) was denied because the correct facts were known at that time, and the statutory and regulatory provisions were correctly applied. The Veteran did not dispute the denial of service connection for a back disability.

The Board has remanded the case due to missing records and requests for additional information. The Veteran's lumbar spine condition is being reviewed again.

The Board has remanded the issue of entitlement to a rating in excess of 20 percent for lumbar spine disability due to lack of evidence showing incapacitating episodes or forward flexion limited to 30 degrees. The right shoulder disorder issue remains on appeal.

The Board has remanded the cases for further development and examination to determine the nature and etiology of any diagnosed left knee disability, back disability, and acquired psychiatric disorder.

The Veteran's claim for an earlier effective date for the service-connected lumbar spine DDD, status postoperative, is dismissed.,The Veteran's claims for a rating in excess of 10 percent prior to July 9, 2019 and in excess of 20 percent from July 9, 2019 for lumbar spine DDD are both denied.