Back / lumbar spine decisions — 2020

The Veteran's initial claims for increased ratings for lumbar and cervical spine disabilities were denied. The Veteran was previously granted TDIU effective July 5, 2007.,For the period before February 17, 2011, the Veteran’s service-connected lumbar spine disability did not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection due to incomplete records and outstanding private treatment records. The issues are related to various conditions including actinic keratosis, atherosclerosis lower extremities, atrial fibrillation, basal cell carcinoma left and right cheek/right nose, cervical spine stenosis, chronic kidney disease stage 3, depression, erectile dysfunction, essential hypertension, left carotid stenosis, mixed hyperlipidemia, lumbar spinal stenosis, osteoarthritis, peripheral neuropathy, rheumatoid arthritis, and carotid artery stenosis.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a low back disorder and type II diabetes mellitus. The claims are being remanded to allow for further investigation and consideration.

The Board has decided that the Veteran's right knee disability is service-connected, but has remanded for further development regarding her low back disability.

The Veteran's claims for increased ratings for lumbar strain and bilateral hearing loss are remanded due to the need for new VA examinations.

The Veteran's low back disability is currently rated based on the symptoms of pain and limitation of motion, which are adequately described by the current schedular rating criteria. The Board has not found any evidence that the Veteran's service-connected disabilities alone render him unemployable.,For the period prior to March 25, 2013, and after January 31, 2014, the Veteran was employed full-time as a quality assurance worker and demonstrated the ability to secure and follow gainful occupation. Therefore, a TDIU is not warranted during these periods.,For the period from March 25, 2013, to January 31, 2014, the Veteran was on medical leave due to his low back disability when he was laid off from his job. The Board has referred this issue to VA's Director of Compensation for consideration under section 4.16(b) of the regulations.

The Veteran's service connection claim for tinnitus is granted. The Board finds the criteria for service connection have been met, as there are credible reports of continuous tinnitus symptoms since service. For the lumbar strain with herniated nucleus pulposus issue, the Veteran's disability rating remains at 10 percent and a new examination is needed to assess his current condition.

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities due to inadequate compliance with prior remand instructions. The VA examiners did not address the Veteran's lay statements regarding his in-service injuries, nor did they consider the issue of aggravation.

The Veteran's claim for service connection for Major Depressive Disorder was granted. The claims for a higher rating for degenerative arthritis of the left ankle, and for hip and low back disabilities were remanded.

The Veteran withdrew his appeal regarding cervical and lumbar spine disabilities, resulting in the dismissal of these claims.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for back disability, hypertension, and diabetes mellitus. The cases are being remanded for further development.

The Board has granted service connection for the Veteran's right knee disability and remanded the issue of service connection for DDD of the lumbar spine.

The Veteran's disability rating for degenerative arthritis and spondylosis of the lumbar spine was increased to 40 percent effective September 6, 2016. Prior to this date, the condition did not meet criteria for a higher rating.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that it does not warrant a compensable rating based on audiometric findings.,For his lumbar spine traumatic arthritis (back condition), the Veteran’s current disability picture does not meet or approximate the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that remand is necessary to obtain additional information regarding the severity of his back condition.,The Veteran's Non-Hodgkin’s lymphoma has been considered, but no compensable rating can be assigned as it did not recur or metastasize since treatment in 2010 and he does not have any residuals from the condition.,Regarding the skin condition, a compensable rating is denied as there is insufficient information to determine if the Veteran's current disability picture warrants such a rating. The Board finds that remand is necessary for further evaluation.,The allergic rhinitis/sinusitis claim was also remanded due to insufficient information regarding its severity and impact on the Veteran’s daily life.,Regarding bilateral lower extremity radiculopathy, the Veteran's current disability picture does not meet or approximate the criteria for a compensable rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that remand is necessary to obtain additional information regarding this condition.

The Veteran's claims for service connection were denied, with the exception of tinnitus which was granted but not earlier than July 31, 2018. The other conditions were either not shown to be related to service or did not meet the criteria for service connection.

The Veteran's lumbosacral spine DDD and associated radiculopathy have been granted ratings, with the right lower extremity radiculopathy receiving a 60 percent rating since February 27, 2001. The effective date for these grants is not specified.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals. The Board has also remanded several issues including sleep apnea, lower back disability, and bilateral knee disabilities.

The Board has found that another remand is necessary as the Veteran is entitled to substantial compliance with Board remand directives. The case was previously before the Board in June 2019, and it has been returned for appellate consideration.

The Veteran's claim for a higher disability rating for her service-connected degenerative disc disease of the lumbar spine is being remanded due to the need for a new VA examination.

The Board has granted service connection for degenerative arthritis of the lumbar spine and its associated radiculopathy.,Service connection was also granted for left and right lower extremity radiculopathy, both secondary to the Veteran's service-connected lumbar spine disability.