Back / lumbar spine decisions — 2020

The Board denied a rating in excess of 10 percent for instability of the right knee, and remanded other issues including ratings for osteoarthritis of the left and right knees, residuals of total knee replacements, DDD of the thoracolumbar spine, and radiculopathy of the left lower extremity.

The Veteran's claim for a higher rating for lumbar strain from March 7, 2015 to the present was denied.,Service connection for bilateral lower extremity radiculopathy and entitlement to TDIU prior to April 1, 2015 are both remanded.

The Board denied service connection for low back, neck, and bilateral upper/lower extremity neurologic disabilities as they were not related to service or any presumptive exposure.

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's service-connected right-hand burn residuals, as well as their impact on his occupational and daily functioning. The claims are not about service connection but rather about rating determinations.

The Veteran's claim for service connection for a low back disability was granted with an effective date of April 11, 2002. The decision is based on new military personnel records received after the original denial in July 2002.

The Veteran's claims for service connection for residuals of TBI, initial compensable evaluation for anxiety disorder prior to March 2, 2011, and an evaluation of 30 percent for anxiety disorder beginning March 2, 2011 are denied. The claim for a higher initial evaluation for lumbosacral strain is also denied.

The Veteran's tinnitus and diabetes mellitus, type II are granted service connection. Service connection for bilateral hearing loss, lumbosacral strain with degenerative arthritis (claimed as lower lumbar condition), right foot condition, and left foot condition is denied.,Service connection for diabetes mellitus, type II is granted. Service connection for tinnitus, bilateral hearing loss, lumbosacral strain with degenerative arthritis (claimed as lower lumbar condition), right foot condition, and left foot condition is denied.

The Board has granted service connection for tinnitus and has remanded the remaining issues due to a need for further examination and development.

The Board has granted service connection for tinnitus, finding that the Veteran's current diagnosis of tinnitus is related to his active duty service. The other claims for bilateral hearing loss and erectile dysfunction were denied as there was no evidence of a current disability or a relationship between the conditions and service.

The Veteran's left ear hearing loss is granted as it was shown to be related to service. The Veteran's tinnitus is also granted, with the opinion that it began during active service.,Service connection for left knee tendonitis and obstructive sleep apnea (secondary to PTSD) are denied.

The Board has granted service connection for a low back disability, including degenerative disc disease status post laminectomies with right lower extremity radiculopathy, and migraine headaches. The Veteran's current conditions are found to be related to his active military service.

The Veteran's PTSD is rated at 70 percent, effective from May 9, 2013. Service connection for right knee osteoarthritis and degenerative disc disease (neck) are granted. The Veteran's TDIU claim and service connection for sleep apnea secondary to PTSD are remanded.

The Veteran's claims for service connection for various conditions, including rheumatoid arthritis, right hip synovitis, meralgia paresthetica of the lower extremities, degenerative arthritis with spondylosis of the lumbar spine, and chronic headaches have been granted. The claim for service connection for hearing loss has been denied. The Veteran's claims for service connection for PTSD, alcohol use disorder, and major depression have been denied.

The Veteran's left knee disability is granted as service-connected. The right, low back, and left foot disabilities are remanded for further examination and opinion.

The Veteran's left ear hearing loss and back disability (other than degenerative arthritis of the spine with spinal stenosis) have been granted service connection.,Both conditions are considered to be related to the Veteran's military service.

The Veteran's appeal is remanded for further development on multiple issues, including service connection for a left elbow disability and rating increases for his spine disabilities.

The Veteran's lumbosacral spine disability is rated at 20 percent effective October 11, 2001. Effective February 27, 2003, separate ratings of noncompensable and 10 percent are assigned for intermittent bowel incontinence and intermittent bladder incontinence due to low back pain, respectively. Effective November 1, 2014, a 40 percent rating is granted for radiculopathy of the bilateral lower extremities.

The Board has determined that the Veteran does not have erectile dysfunction or any other service-connected conditions. The reduction in disability ratings for degenerative arthritis of the lumbar spine and cubital/carpal tunnel syndromes, ulnar and median nerves, right wrist is found to be improper due to inadequate VA examination reports.

The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment, and the Board has granted a total disability rating due to individual unemployability (TDIU).

The Board has remanded the claim for an increased rating for service-connected lumbar spine disability due to a failure to schedule the Veteran for a VA examination and obtain all outstanding records. The Veteran is notified that he may provide additional evidence, including private medical records.