Back / lumbar spine decisions — 2020

The Veteran's OSA was not incurred during service, and his lumbar spine disability is rated at 40 percent disabling. The Board granted a rating of 20 percent for LLE radiculopathy from May 31, 2018 onwards and denied ratings in excess of 40 percent. For RLE radiculopathy, the Veteran received a 10 percent rating prior to December 18, 2012, and a 20 percent rating thereafter.

The Board has dismissed the appeals for service connection of a low back disorder, lump on right wrist, and an acquired psychiatric disorder (including depression) due to the Veteran's withdrawal of these claims.

The Board's decision was vacated due to a failure to fully comply with the Veteran's FOIA request for copies of prior VA examinations.

The Veteran's claim for an earlier effective date for PTSD is denied as no indication of intent to apply prior to November 26, 2014 was found.,Service connection for asthma (claimed as a lung inhalational injury) is granted based on the onset during service and continued since then.,The Veteran's TBI claim requires clarification due to insufficient rationale in the August 2017 VA examination report.,A new VA examination is needed to determine the current severity of the low back disability (DDD at L4-L5).,Left wrist and left shoulder conditions require a new VA examination for proper assessment.,Hypertension, gastroenteritis, and sleep apnea are remanded issues as no specific service connection theory or exposure basis is provided.,Service connection for asthma (claimed as a lung inhalational injury) is granted based on the onset during service and continued since then.

The Board has remanded the Veteran's claims for service connection for low back, neck, and nasal conditions due to insufficient evidence regarding their etiology. The VA is required to provide an examination or obtain a medical opinion in order to determine if these conditions are related to service.

The Board has decided to remand the claims for low back condition and right knee condition due to inadequate VA medical opinions, requiring new evaluations.

The Veteran seeks an earlier effective date for the grant of a total disability rating based upon individual unemployability (TDIU) due to his service-connected lumbosacral spine disability. The Board has decided that the application was not filed before May 12, 2008 and is remanded to provide notice about potential earlier dates.

The Veteran's petition to reopen claims for service connection for various conditions were denied, and the rating for his lumbosacral strain and intervertebral disc syndrome was also denied.

The Veteran's request to reopen the issue of entitlement to service connection for DDD of the lumbar spine, also claimed as lower back arthritis and a lower back condition is granted.,Additional evaluations are needed for PTSD with major depressive disorder, right hip osteoarthritis, left knee, DJD and deformity of the left wrist, residuals of scaphoid fracture, chronic tear, anterior cruciate ligament, DJD/ arthritis degenerative, and lateral and medial meniscus tears, left knee.

The Board denied the Veteran's claim of service connection for a lumbar spine disability, finding that there was no credible evidence to support his allegation of an in-service injury and concluding that any current lumbar spine disability is not related to service.

The Board has granted service connection for tinnitus and remanded the evaluation of thoracolumbar strain.

The Board has determined that further development is needed to assess the current severity of the Veteran's lumbar spine disability and to determine whether his right and left ankle disabilities are related to service, including as secondary to his service-connected lumbar spine disability. The claims for increased ratings and service connection will be remanded.

The Veteran's right and left lower extremity radiculopathy are granted with initial ratings of 40 percent, but not higher. The back disability is remanded for additional development.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the current schedular evaluations adequately reflected his disability levels, and there was no evidence of exceptional or unusual factors warranting extraschedular consideration.

The Board has remanded the issues of service connection for a neck disability and assignment of higher ratings for the Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board granted restoration of a 20 percent rating for lumbar spine disability effective November 9, 2012.,The Veteran's claim for higher ratings for peripheral neuropathy of the left lower extremity prior to and from November 9, 2012 is remanded.

The Veteran's degenerative disc disease of the thoracolumbar spine was rated at 40 percent from February 23, 2009 to July 13, 2010.

The Veteran's depression is granted as secondary to his service-connected DDD of the thoracolumbar spine. Service connection for left and right knee disabilities remains denied, but a higher evaluation (40%) is granted for DDD of the thoracolumbar spine.

The Veteran's service-connected lumbosacral strain does not prevent him from securing and maintaining substantial gainful employment.

The Veteran's service-connected low back pain does not meet the criteria for a total disability rating based on individual unemployability (TDIU) as his other disabilities do not warrant such a rating, and he is able to engage in some sedentary work.