Back / lumbar spine decisions — 2020

The Veteran's appeals for higher disability ratings and financial assistance have been remanded due to the need for additional medical opinions. The eligibility for specially adapted housing has already been granted.

The claim to reopen the service connection for a thoracolumbar spine disorder is granted, and the case is remanded for further evaluation.

The Veteran's right knee disability, including instability and meniscectomy residuals, is rated at 30 percent effective October 10, 2013. A TDIU was granted prior to July 28, 2015.

The Board has denied the Veteran's claim for service connection of degenerative disc disease of the lumbar spine, finding that there is no evidence to support a link between his current condition and his active duty service.

The Board has ordered a remand to obtain an updated VA medical opinion regarding the Veteran's low back disability, specifically addressing whether his current condition is related to pre-existing kyphosis-scoliosis and if it was aggravated during service.

The Board has remanded the claims for increased ratings for right knee disability, left knee disability, and low back disability due to inadequate examination findings. New examinations are required.

The Board has determined that the Veteran's claims for higher ratings related to his right lower extremity radiculopathy, lumbosacral strain with degenerative changes of the lumbosacral spine, and left knee degenerative joint disease require additional development due to the need for updated VA treatment records and examinations.

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss has been denied.,The Veteran's claim for an increased evaluation for tinnitus has been denied as a matter of law.

The Veteran's service connection claims for polysubstance abuse and right ear hearing loss have been dismissed or denied, respectively. The Board has remanded the issues of service connection for psychiatric disability (including major depression with psychotic features and PTSD), low back disability, and bilateral shoulder disability.

The Veteran's claims for increased ratings for lumbar strain, hypertension, and left knee disability have been denied. The Board found that the evidence did not support a higher rating based on functional loss or other factors listed in § 4.40 or § 4.45.

The Board dismissed the appeal of the timeliness of a substantive appeal regarding an increased rating for the Veteran's service-connected lumbar spine disability because no substantive appeal was filed within the required timeframe.

The Board denied the Veteran's claim for a TDIU rating, finding that her service-connected disabilities did not prevent her from obtaining or maintaining substantially gainful employment prior to March 2015.

The Veteran's application to reopen his claim for service connection of a right knee disorder was granted. However, the claim itself remains denied as there is no evidence linking the current right knee disorder to service. The rating for his lumbar spine disability has been increased to a higher level.

The Board has denied the Veteran's claims for service connection for a back disability and a bladder disability, finding that there is no evidence to support these claims.

The Veteran's petition to reopen his claim of entitlement to service connection for a low back disorder was granted. The appeal is also granted in part, as the Board has remanded the issues of service connection for bilateral hip disorders.

The Board has remanded the claims for service connection due to outstanding Department of Defense treatment records not being obtained.

The Board has determined that the Veteran's low back disability is not service-connected as it is not directly related to his military service and was not caused or aggravated by a service-connected condition.

The Veteran's claim for a higher rating for his low back disability was denied, and compensation for TDIU beginning January 8, 2020, is granted. The issue of TDIU prior to January 8, 2020, remains pending.

The Veteran's claims for service connection for right knee and lower back disabilities have been reopened due to the submission of new evidence. However, both issues are remanded as further medical opinions are needed regarding whether these conditions are aggravated by his service-connected left knee disability.

The Board dismissed the appeal as the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this appeal.