Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because there was no evidence linking his degenerative disc disease to the 1986 laminectomy, and the preponderance of the evidence supported the conclusion that he did not incur an additional disability as a result of the surgery.

The Veteran's left shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's low back condition is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.

The Veteran's claim for an earlier effective date for the award of a compensable rating for his service-connected back disability is granted, subject to controlling regulations governing the payment of monetary awards. The Board also grants service connection for lumbosacral spondylosis and right lower extremity radiculopathy secondary to his service-connected back disability.

Service connection for a psychiatric disability has been granted.,Service connection for low back, radiculopathy of the right leg, and radiculopathy of the left leg disabilities have not been established.

The Veteran's flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches), are found to be related to his service. The remaining claims for service connection have been remanded.,Service connection is granted for flatfoot (pes planus) and migraine, including migraine variants (claimed as tension headaches).

The Veteran's service-connected lumbar spine disability is being remanded for a new VA examination to assess the current severity of his condition.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disability, left and right knee arthritis, and a low back disability. However, as there is no competent medical evidence linking these conditions to service, the claims are being remanded for further development.

The Board has granted service connection for the Veteran's low back condition, diagnosed as a lumbar strain, finding that it originated during his active service.

The Board denied service connection for a low back disability, left leg disability (to include as secondary to a low back disability), and right arm/shoulder disability due to the lack of evidence linking these conditions to active military service.

The Veteran's low back disability was granted a 40 percent rating from April 7, 2010 to August 15, 2018. The right knee disability remains at a 10 percent rating.

The Veteran's tinnitus is granted as service connected. The claims for anxiety disorder and tremors are reopened, but the issues of service connection remain pending. The issue of lumbar spine disability remains pending.

The Veteran's TDIU claim is granted, with a combined disability rating of 90 percent for her service-connected conditions. The Board found that the Veteran’s service-connected disabilities preclude all substantially gainful employment due to her migraines and psychiatric disability.

The Board has remanded the Veteran's claims for cervical spine, right lower extremity neurological impairment, and left foot disabilities due to deficiencies in the June 2019 VA examinations. The issues include rating determinations for these conditions prior to specific dates and in excess of certain percentages.

The Veteran's claims for increased evaluations of lumbar spine disorder, right-lower-extremity radiculopathy, and left-lower-extremity radiculopathy were denied. The Board found no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's claims for service connection and increased ratings are being remanded due to inadequate medical examinations. The issues include a left leg disability, lumbosacral spine degenerative disc disease, and a left-hand disability.

The Board dismissed the claims of service connection for various conditions due to the Veteran's withdrawal of his appeal.

The Veteran's claims for effective dates prior to November 1, 2010 for cervical spine degenerative disc disease and associated radiculopathy of the upper extremities are denied as there is no evidence of a claim or informal claim before that date.,The Veteran's claim for an earlier effective date for his thoracic spine surgical scar is also denied as it arose from surgery on September 25, 2012.

The Veteran's initial disability ratings for lumbar strain and radiculopathy of the right lower extremity remain at 20 percent and 10 percent, respectively.

The Veteran's lumbar sprain and associated neurogenic bladder condition are remanded for further evaluation due to inadequate previous VA examination.

The Veteran's claims for service connection for bilateral hearing loss, a head condition, tinnitus, right ankle disability (status post Achilles tendon repair), sciatic nerve disabilities of the left and right lower extremities, right hip disability, left hip disability, neck disability, and migraines have been dismissed.,The Veteran's claim for service connection for low back disability has been reopened due to new and material evidence. The Board finds that there is no evidence showing a chronic condition in service or within one year after discharge.