Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection and SMC based on his claimed knee, lumbar spine, and cervical spine disorders due to his active service as a paratrooper. The Veteran underwent examinations in November 2017 but needs further examination by an examiner who can consider the specific stresses of parachute jumps during service.

The Veteran's chronic laryngitis was granted a 60% rating from May 31, 2011. The Veteran's lumbar spine disability and left lower extremity radiculopathy were both granted initial 40% ratings effective March 14, 2012.

The Veteran's service-connected lumbar spine disability does not prevent him from obtaining or maintaining substantially gainful employment, and therefore a total disability rating based on individual unemployability is denied.

The Veteran's claim for an initial rating in excess of 20 percent for lumbar strain was denied. The claims for increased ratings for zygomatic fracture residuals and service connection for a back disability were remanded due to procedural issues, while the TDIU claim is also remanded.

The Board dismissed the Veteran's appeals for fibromyalgia, tinnitus, and bronchitis. The Veteran was granted service connection for migraines with a 40 percent rating, but no higher. Her scar left knee associated with tricompartmental chondromalacia status post meniscus surgery received a noncompensable rating. The Board also remanded several issues including the initial compensable rating for radiculopathy of the left lower extremity.

The Veteran's claims for a higher rating for his service-connected low back disability and TDIU have been remanded due to the need for additional medical examination, updated VA treatment records, and consideration of functional loss during flare-ups or on repeated use.

The Veteran's appeals for service connection for a bowel disorder and for a rating in excess of 20 percent for the service-connected lumbar spondylosis are dismissed. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Veteran's appeal for service connection for acne vulgaris has been dismissed.,Her claim of entitlement to service connection for a back disability was reopened and granted, but with conditions that require further development.

The Board has remanded the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities, including a low back disability. The Veteran was not provided with a copy of the supplemental statement of the case regarding this issue and is therefore entitled to another one at his current address.

The Board has remanded the Veteran's claims for service connection for bilateral hip disability, left shoulder disability, low back disability, and bilateral flat feet due to incomplete service treatment records and inadequate VA examination opinions.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected PTSD with GAD and MDD. The issue of service connection for a lumbosacral strain, to include as secondary to service-connect left knee condition, is remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.,The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.

The Board has remanded the cases for further development due to the need for additional medical examinations and opinions regarding the Veteran's lumbar spine disability and obstructive sleep apnea.

The Board has reopened the Veteran's previously denied claims of service connection for a spinal injury, neck condition, bilateral glaucoma, hypertension, low back condition, peripheral neuropathy of the bilateral upper and lower extremities, and stroke.,New evidence received since the last final denial supports reopening these claims.

The Veteran's lumbar spine disability is rated at 40 percent from September 6, 2019. He also received separate ratings of 10 percent for left and right lower extremity radiculopathy conditions.

The Veteran's service-connected degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome is being remanded for a new VA examination to assess its current severity. The TDIU claim is also being remanded due to its connection to the back disability.

The Veteran's DDD of the spine is rated at 40 percent from April 10, 2009 to July 31, 2013, and a rating in excess of 20 percent beginning August 1, 2013.,Beginning August 7, 2019, the Veteran's sinusitis is rated at 30 percent.

The Veteran's claims for service connection for lumbosacral spondylosis and a heart condition, to include as secondary to herbicide agent exposure, are remanded. The Veteran's claim for a higher rating for his left upper extremity carpal tunnel is also remanded.

The Board has determined that further development is necessary to properly adjudicate the Veteran's claims for service connection of bilateral hearing loss, lumbar spine disability, and thoracic spine disability. The Veteran will need a new examination and medical opinion regarding her hearing loss and back disabilities.

The Veteran's claims for increased ratings for his right and left knee patellofemoral syndrome, lumbosacral strain, radiculopathy of the lower extremities, and left internal carotid occlusive disease have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.