Back / lumbar spine decisions — 2020

The Veteran's claim for a higher rating for his service-connected lumbar spine disability since January 1, 2011 is denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's claims for an effective date earlier than January 20, 2012 for the grant of service connection for lumbar spine disability and for service connection for an acquired psychiatric disorder (including PTSD and major depressive disorder) were both denied. The Board found that there was no evidence to support a finding of service connection for either condition.

The Board has remanded the claims for service connection for lumbar and cervical spine radiculopathy due to a lack of a VA examination.

The rating reduction for the service-connected low back disability from 10 to zero percent, effective April 21, 2016, was improper. The 10 percent rating is restored effective April 21, 2016. Entitlement to a disability rating in excess of 10 percent for thoracolumbar spine strain (low back disability) is remanded.

The Veteran's service-connected bilateral knee and hip disabilities, including his lumbar spine disability, rendered him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience for the periods from April 4, 2013 to April 7, 2015, and from June 2, 2016 to March 13, 2017.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board denied an increased rating as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has granted the reopening of the Veteran's claims for service connection for back and neck disabilities, but denied these claims as secondary to his service-connected knee disabilities.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims. The Board found that no new and material evidence was submitted to reopen any of the original claims.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the claims.,The Veteran’s tension muscular headaches are rated as noncompensably disabling prior to August 3, 2015, and in excess of 50 percent thereafter.

The Veteran's claim for service connection for PTSD has been granted.,The Veteran's claims for service connection for hearing loss, tinnitus, and traumatic brain injury have been dismissed due to withdrawal of the appeal.

The Veteran's appeal for an initial disability rating in excess of 10 percent for DDD of the cervical spine prior to September 3, 2015, and a rating in excess of 20 percent since that date has been dismissed due to his withdrawal request. The case is remanded for consideration of evidence added to the claims file since the September 2016 Statement of the Case.

The Veteran's service connection claims for hiatal hernia with GERD, bilateral shin splints, allergic rhinitis, hypertension, hemorrhoids, right wrist sprain, left wrist sprain, thoracolumbar spine disability, and bilateral pes planus were granted effective July 1, 2016. Claims for other conditions are denied as they were not received within one year of separation from service.

The Board has remanded the Veteran's claims for service connection for various shoulder, knee, back, and foot disorders due to inadequate VA examinations and missing medical records. The Veteran's claim for sleep disorders is also remanded as there was no examination or opinion regarding insomnia.

The Veteran's lumbar spine disability, including associated neurological manifestations, is currently rated as 20 percent disabling from March 1, 2009, to March 27, 2018, and in excess of 40 percent thereafter. The Board has jurisdiction over the propriety of these ratings and effective dates.

The Veteran's appeals for increased PTSD rating and service connection for Gulf War illness have been withdrawn. The Board has remanded the issue of service connection for a lumbar spine disability.

The Veteran's claims for increased ratings for his lumbar spine disability prior to September 18, 2018 and as of that date were both denied. The Board found no evidence supporting the assignment of higher than current ratings under either the General Rating Formula or the IVDS Formula.

The Veteran is unable to secure or maintain a substantially gainful occupation due to his service-connected disabilities, including bipolar disorder and low back disability.

The Board has remanded the claim of service connection for a bilateral shoulder disability due to additional development being required.

The Board has decided to remand the Veteran's claims for osteopenia, PTSD, and thoracolumbar spine disability due to the need for additional medical opinions.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.