Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities, including his psychiatric and physical conditions, make it impossible for him to secure or follow a substantially gainful occupation.

The Veteran's temporary total rating for convalescence following surgery for a lumbar spine disability is denied as he did not have severe postoperative residuals or immobilization by cast to warrant an extension beyond November 1, 2017.

The Board has granted service connection for bilateral hearing loss but has remanded the issues of service connection for a headache condition, left ankle condition, low back condition, and scar on right eye.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his current condition is related to an injury during active duty training. The Board also found that there was no pre-existing condition that was aggravated by service.

The Board has granted service connection for diabetes, hypertension, left ankle disorder, left knee disorder, right knee disorder, back disorder, and lumbar radiculopathy. The Board found that the evidence is at least in equipoise that these conditions are etiologically related to active duty service.

The Board has determined that the Veteran's back disability is not service-connected as it did not manifest during his military service and there is no evidence to support a presumption of service connection due to exposure. The claim for service connection was denied.

The Veteran's claims for increased MDD and service connection for a lumbar spine disorder are being remanded due to the need for additional medical examinations.

The Veteran's service-connected disabilities, including major depressive disorder and lumbar strain/myositis, prevent him from securing or following substantially gainful employment. The Board finds that the evidence is in equipoise as to whether a grant of TDIU is warranted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his disabilities and service. The Veteran is not entitled to service connection for radiculopathy of the right and left lower extremities, acquired psychiatric disorder, left ankle disability, right knee disability, or lumbar spine disability.

The Veteran's service-connected disabilities, including back disability, hypertension, and bilateral lower extremity radiculopathy related to his back disability, prevent him from obtaining and maintaining substantially gainful employment. The Board has granted the TDIU rating.

The Board has denied service connection for bilateral hearing loss and tinnitus, as well as left and right upper extremity disabilities. Service connection for lumbosacral strain and degenerative arthritis of the spine is remanded due to insufficient evidence regarding aggravation.

The Veteran's claims for service connection have been granted, but the effective dates are set at September 21, 2011. The Board has also remanded several issues related to lower extremity and hip disabilities due to lack of proper medical examinations.

The Veteran's claim for higher initial disability ratings for the lumbar spine disability is being remanded due to inadequate VA examinations conducted in September 2009, May 2011, and October 2014. The VA examiner needs to provide an analysis of functional limitations during flareups over the course of the appeal.

The Board has found that remand is necessary due to the need for additional VA examinations and the possible existence of outstanding VA treatment records.

The Veteran withdrew his appeals regarding the claims of service connection for headaches, back disorder, gastrointestinal disorder, sleep disorder, and tinnitus. As a result, these issues are dismissed.

The Veteran's lumbosacral strain, right knee tendonitis, and left knee tendonitis are being remanded for further examination to determine their current severity.

The Board has remanded the cases of lower back disability and left knee disability for further examination and opinion regarding service connection.

The Board has granted the Veteran's claims for service connection for DDD of the cervical spine, arthritis of the left knee, and arthritis of the right knee as secondary to his service-connected left tibia injury.

The Board has granted service connection for tinnitus and remanded the issues of entitlement to an initial rating in excess of 10 percent for a lumbar spine disability, to include on an extraschedular basis pursuant to 38 C.F.R. § 3.321(b).

The Veteran's lumbar spine degenerative joint disease and coccyx fracture have been rated at 20% prior to September 3, 2019. From that date, a higher rating of 40% is granted. The right hip condition remains remanded for further development.