Back / lumbar spine decisions — 2020

The Board has determined that additional development is needed for the Veteran's claims of service connection for various disabilities, including back, right shoulder, right hip, and right knee disabilities, all secondary to his service-connected right ankle disability. The claims are being remanded for further examination and opinion.

The Board has denied the Veteran's claims for increased ratings for sciatica of the right lower extremity and lumbar strain, finding that the evidence does not support a higher rating under the applicable VA rating criteria.

The Board has remanded the Veteran's claims for service connection for low back, neck, right hip, and left hip disabilities due to insufficient evidence. The case will be returned for further development.

The Board has granted service connection for cervical DDD with radiculopathy and scoliosis, right arm radiculopathy, and left arm radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability.

The Board has determined that the Veteran's low back disability was incurred during his active service, and thus grants service connection for this condition.

The Veteran's back brace caused wear and tear to his clothing, which is a service-connected condition. The Board granted the clothing allowance for the 2014 calendar year based on this finding.

The Veteran's claim for a rating in excess of 40 percent for his low back disability was denied, as the evidence did not show ankylosis or other disabling conditions warranting such a higher rating.,The Veteran's claim for TDIU due to service-connected disabilities was also denied. The Board found that he could still secure and follow substantially gainful employment despite his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, DDD of the lumbar spine, coronary artery disease, tinnitus, radiculopathy, and hearing loss, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.

The Board has granted a 40 percent rating for the Veteran's lumbar strain with degenerative disc disease (DDD) from February 18, 2014 to November 13, 2019. The rating was denied prior to this date and after this date.

The appeal was denied as the Veteran did not file a timely substantive appeal for the July 2013 rating decision. The previously denied claim of service connection for a gastrointestinal disorder, to include GERD, is reopened.

The Board has determined that there is at least as much evidence to support the Veteran's claim for service connection of degenerative disc disease of the lumbar spine, and thus grants this claim.

The Board has denied the Veteran's claims for service connection for neck, left knee, and low back disorders due to a lack of evidence linking these conditions to his military service.

The Veteran's appeal is remanded due to insufficient evidence for service connection of various conditions, including diabetes mellitus type II, right knee condition, lumbosacral strain (back condition), left elbow condition, pes planus, and residuals of melanoma.

The Board has remanded the case due to inadequate compliance with previous remand directives regarding a VA medical opinion on whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected disabilities.

The Board has reopened the claims for service connection for acute microhematuria, tinnitus, and a lumbar spine disorder. However, these claims are being remanded to allow for further development.

The Veteran's appeals for service connection for an acquired psychiatric disorder, a temporary total rating, and right knee and low back disorders have been dismissed. The appeal involving the issues of entitlement to service connection for these conditions is dismissed.

The Board has granted service connection for a Traumatic Brain Injury, migraine headaches, and Degenerative Disc Disease of the cervical and thoracolumbar spines based on evidence showing these conditions are related to in-service events.

The Veteran's PTSD is rated at 100 percent, and he has additional service-connected disabilities independently ratable at 60 percent. Therefore, the Veteran is entitled to SMC at the housebound rate from September 27, 2008 to January 23, 2010.

The Board has granted the Veteran's petition to reopen his service connection claim for a low back disability and has remanded the case for further development, including an examination by a VA examiner.

The Veteran's initial rating for insomnia disorder has been granted at a 30 percent level. Other issues remain in appellate status.