Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from July 1, 2011. The Board found that entitlement to TDIU is warranted for this period but remanded the issue of prior to July 1, 2011.

The Board has denied the Veteran's claims for service connection for a back disability and a bilateral foot disability, finding no evidence of current disabilities or chronic symptoms during or after service.

The Veteran's lumbar DDD and radiculopathies were rated, with a 40% rating granted for the period from September 25, 2017 to November 6, 2019. The appeal is resolved in favor of the Veteran.

The Board has found that additional evidence was submitted and remanded the cases for further review. The issues of service connection have been returned to the AOJ for consideration.

The Board denied the Veteran's claims for service connection for lumbar spine degenerative disc disease, right lower extremity radiculopathy, and left lower extremity radiculopathy. The effective date of the awards was set at March 23, 2010.

The Veteran's claims for increased ratings and propriety of discontinuance are being remanded due to inadequate VA examinations and incomplete private treatment records.

The Board denied the Veteran's claim for service connection for a back disability, finding no credible evidence of a continuity of symptoms since service and no persuasive medical opinion linking current back condition to service.

The Veteran's appeal for reopening service connection for a back disorder was denied. The appeals for increased ratings for right and left knee disabilities, as well as the initial rating for right knee instability were remanded.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development, including scheduling of VA examinations.,The Veteran is seeking higher ratings for his service-connected disabilities, which include right ankle and fibula traumatic arthritis, PTSD with TBI, radiculopathy of the upper extremities, cervical spine spondylosis, flexor tendonitis of the wrists, and disc bulges of the thoracolumbar spine. The claims are being remanded to allow for further development.

The Veteran's petition to reopen his claim of service connection for bilateral hearing loss has been granted. The Board finds that new and material evidence has been received sufficient to support the reopening of this claim.,An earlier effective date for a 100 percent rating for PTSD prior to September 15, 2017 is denied as there was no pending unadjudicated claim for an increased rating for PTSD prior to that date.

The Veteran's posttraumatic headaches are granted an initial rating of 50 percent. The service-connected dysthymic disorder, associated with TBI, is denied any increase in rating. Service connection for the right and left fifth cranial nerve paralyses, hearing loss, and low back disorder is granted.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, and therefore service connection for PTSD is denied. The remaining issues related to left knee replacement, lumbosacral degenerative arthritis with IVDS, left lower extremity sciatica, and costochondritis with rib subluxation and left breast numbness are remanded due to the need for additional examinations.

The Board has granted an effective date of April 8, 2015 for the assignment of a separate 10 percent rating for right lower extremity radiculopathy associated with lumbosacral strain with a history of L4/5 spondylosis.

The Veteran's claim for service connection for a cervical spine disability is remanded due to new evidence submitted since the last denial. The claims for increased rating and TDIU are also remanded.

The Board has granted service connection for the Veteran's low back disability as secondary to his service-connected bilateral knee disabilities. The claims for increased ratings for left and right knees, and TDIU are remanded.

The Board has decided to remand three separate claims for service connection due to the lack of medical records from a U.S. Air Force hospital in Wiesbaden, Germany and the need to verify the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and need for updated examinations.

The Veteran's claim for a TDIU due to service-connected disabilities is remanded as the evidence does not include sufficient information to determine whether she is unable to secure or follow substantially gainful employment.

The Board has remanded multiple issues for further development, including evaluations and service connection claims. The Vitamin D deficiency claim is denied as it does not constitute a disability for VA purposes.

The Board has remanded several service connection claims due to the need for further development and adjudication. The Veteran's claims for left ear hearing loss, sleep apnea, hypertension, headaches, colonic diverticula (claimed as abdominal pain), low back disability, right knee disability, left leg disability, right leg disability, right ankle disability, right foot disability, and kidney disability are all remanded.