Back / lumbar spine decisions — 2020

The Veteran's lumbar spine disability is rated at 40% effective December 2, 2020. For the appeal period prior to March 15, 2013, a 10% rating for right lower extremity radiculopathy is granted. Beginning March 15, 2013, a higher rating for right lower extremity radiculopathy is denied.

The Veteran's asthma was rated at 30% prior to October 17, 2011 and increased to 50% from that date. The Veteran is now receiving a TDIU based on his service-connected disabilities.,Prior to September 13, 2013, the Veteran's asthma was rated at 30%, while sleep apnea with asthma was rated at 50%. From September 13, 2013 onwards, he is receiving a TDIU.

The Veteran's appeal for increased ratings for his service-connected low back disability has been withdrawn and is dismissed.

The Board has determined that the Veteran's low back disability is related to service, granting service connection for this condition.

The Veteran's claims for service connection for dental conditions and bilateral eye condition are denied. The issues of initial rating for cervical spine DDD, lumbar strain, and TDIU are remanded.

The Board has remanded the cases for additional development and an opinion regarding the etiology of the Veteran's bilateral hearing loss and back disability. The Veteran is seeking service connection for these conditions.

The Veteran's lumbar spine disability is rated at 40 percent from June 22, 2009, to June 7, 2011. The claim for a higher rating remains pending and will be remanded.

The Board has granted service connection for DDD of the lumbar spine and cervical spine, and an initial disability rating of 70 percent for PTSD.

The Veteran was granted a total disability evaluation based on individual unemployability (TDIU) beginning October 1, 2005. The appeal period began in June 2005 and the Veteran meets the schedular criteria for an award of TDIU during this entire period.

The Board denied service connection for tinnitus, IBS, and low back pain characterized by scoliosis, degenerative arthritis of the spine and spinal stenosis. The Veteran's claims were not supported by evidence showing a current disability related to service.,Service connection was also denied for bilateral shoulder pain and bilateral hip pain. The Board found no credible evidence linking these conditions to service.

The Veteran's claim for an increased evaluation in excess of 10 percent prior to July 13, 2018 and in excess of 20 percent thereafter for a low back disorder was denied. The evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Veteran's claims for service connection for a lumbar spine condition and cervical spine condition have been reopened, and both conditions are now granted.,Service connection has also been established for right lower extremity radiculopathy as secondary to the lumbar spine condition.

The Veteran's thoracolumbar spine disability has been rated at 10 percent since June 2009. The Board denied a higher rating, finding the evidence did not support an evaluation in excess of 10 percent until November 29, 2012, and from January 1, 2013.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including VA examinations and completion of a VA Form 21-8940.

The Veteran's claim for a disability rating in excess of 20 percent for her back disability was denied. The evidence did not show limitation of forward flexion to less than 30 degrees or favorable ankylosis.

The Board denied service connection for a low back disability (claimed as chronic low back pain) due to the lack of evidence showing a nexus between the current condition and service.

The Veteran's claims for increased ratings of posttraumatic headaches, IVDS, spinal stenosis, and lumbosacral strain have been denied as the evidence does not show that his symptoms meet or approximate the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's claim for an increased rating for chronic low back strain is denied, while his claim for service connection for right lower extremity radiculopathy is remanded.

The Veteran's appeals for service connection for PTSD, tinnitus, a cervical spine condition, and a thoracolumbar spine condition have been dismissed without prejudice to refiling.,The Veteran’s appeal for service connection for hyperlipidemia has also been dismissed.

The Veteran's claims for lumbosacral strain, cervical degenerative disc disease status post fusion, right upper and left upper extremity cervical radiculopathy, and bilateral knee osteoarthritis have been granted with effective dates of April 9, 2018.