Back / lumbar spine decisions — 2020

The Veteran's claim for a rating in excess of 10 percent for her low back disability effective August 7, 2013 was denied. Her claim for SMC based on aid and attendance or being permanently housebound is referred to the AOJ.

The Board has granted service connection for a lumbar spine disability, right knee disability, left knee disability, and pseudofolliculitis barbae. The decision is based on the Veteran's in-service injuries and current disabilities being related to his military service.

The Board has remanded the cases of service connection for a low back disorder and an acquired psychiatric disorder to include PTSD and depression due to insufficient medical opinions. The case of service connection for a skin condition (chloracne, rash, allergic/contact dermatitis) is reopened.

The Veteran's lower back condition and bilateral lower extremity radiculopathy have been granted service connection.,Service connection for the Veteran's acquired psychiatric condition is remanded.

The Veteran's service-connected disabilities render her in need of regular aid and attendance, which is granted.

The Board has decided that a new VA examination is needed to assess the current nature and severity of the Veteran's lumbar spine disability due to possible worsening in symptoms over the past four years.

Service connection is granted for tinnitus and bilateral hearing loss. Service connection is denied for a right ankle fracture.,The Veteran's lumbar spine disorder, including degenerative disc disease, osteophytosis, and facet hypertrophy, is service-connected as it was caused by his duty specialty of Boatswain Mate.

The Veteran's service-connected disabilities render him unemployable, and the Board has granted a TDIU based on his combined disability rating of 90 percent.

The Veteran's claims for service connection for residuals of frozen feet, residuals of frozen hands, a back disability (to include arthritis), bilateral hearing loss, tinnitus, and a mouth sore disability have all been denied. The Board found no evidence to support the Veteran's assertions that these conditions were incurred in or due to his time in service.

The Board has remanded the Veteran's claims for hypertension, liver disorder, and disability manifested by pain in the bilateral ankles, knees, shoulders, low back, and neck due to incomplete development. The kidney disorder claim remains denied.

The Veteran's initial claim for a low back disability was granted, and he received a noncompensable rating from March 17, 2008. The RO increased the rating to 10 percent in December 2017, effective April 14, 2015, and to 20 percent since March 20, 2019.

The Board has decided to remand the Veteran's claims for an initial disability rating in excess of 20 percent for degenerative disease of the lumbar spine and entitlement to a total disability rating based on individual unemployability (TDIU) due to incomplete medical records and inadequate examination. The AOJ is required to obtain pertinent non-VA medical records, provide the Veteran with an adequate VA examination regarding his service-connected condition, and complete any additional development warranted by the information on the completed VA Form 21-8940.

The appeal for a higher rating for the Veteran's service-connected low back disability is dismissed. The case of an evaluation in excess of 10 percent for an undiagnosed illness manifested by diarrhea is remanded.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms and range of motion.

Service connection for a lumbar spine disorder of degenerative joint disease and spondylosis with radiculopathy is granted.,Service connection for residuals of a stroke, as secondary to diabetes mellitus type II, is granted.

The Veteran's service connection for psychomotor epilepsy is denied as he has not experienced seizures during the appeal period.,The Veteran's claimed 'blackouts' are found to be a symptom of his already service-connected psychomotor epilepsy.

The Veteran's migraine headaches are currently rated at 30 percent, but do not meet the criteria for a higher rating.,The Veteran’s thoracolumbar strain is currently rated at 20 percent and does not meet the criteria for a higher rating.

The Board has granted an earlier effective date of June 24, 2009 for the award of a 40 percent rating for service-connected low back strain with lumbosacral spine degenerative disc disease and arthritis.

The Veteran's claims for service connection of erectile dysfunction, left hip disability, low back disability and right shoulder disability were denied as new and material evidence was not received.,The Veteran's claim for service connection of patellofemoral pain syndrome of the right knee was granted with an initial evaluation of 10 percent effective June 6, 2018.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine if the Veteran's current back disability is related to service.