Back / lumbar spine decisions — 2020

The Veteran withdrew his appeals for the issues of service connection for a back condition, urinary condition, PTSD, and skin condition.

The Board denied the Veteran's appeal as his August 2016 VA Form 9 was not received within the required time frame, and thus he did not timely perfect his substantive appeal.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral degenerative disc disease has been denied.,The Veteran's TDIU claim for the period prior to January 30, 2018 is remanded.

The Board has remanded the case for further proceedings, including obtaining new examinations to assess the current severity of the Veteran's lumbar spine myositis and associated neurologic complications, as well as determining whether he requires aid and attendance or suffers from loss of use of a creative organ.

The Board has granted service connection for lumbar spine arthritis, finding that the Veteran's lay statements and STRs support a link between his in-service back symptoms and his current condition.

The Veteran's claims for service connection for acute pharyngitis, athlete’s heart syndrome, myalgia and myositis, acute lumbosacral strain, bilateral hearing loss, left shoulder disability (acute shoulder strain), sleep apnea, varicocele and/or orchitis disability, actinic keratosis, and headaches have been dismissed.,The Veteran's claims for service connection for left knee disability and right knee disability are being remanded.

The Veteran's appeal involves multiple disabilities, including head injuries and knee issues. The Board has determined that additional evidence is needed to properly assess the nature and etiology of these conditions.

The Veteran's left elbow lateral epicondylitis and left shoulder tendonitis with impingement were initially rated at 10 percent prior to April 9, 2009, and increased to 20 percent thereafter. The cervical spine disability was also initially rated at 10 percent. All ratings have been denied.

The Board has remanded both claims for additional development due to inadequate previous examinations and the need for updated treatment records.

The Board has remanded the Veteran's claims for an effective date earlier than September 2, 2015 for TDIU and basic eligibility for education benefits under Chapter 35 (DEA). The cases are being referred to the Director of Compensation Service for consideration of whether TDIU is warranted on an extraschedular basis. Additional development may be needed based on new evidence.

The Veteran's radiculopathy of the left upper extremity is granted as secondary to his service-connected cervical strain. His cervical and lumbar strains are each rated at 10 percent prior to July 1, 2016.

The Board has remanded the Veteran's claims for service connection and disability ratings for his back disorder, surgical scars of the left knee, left total knee replacement, and left knee instability due to incomplete compliance with previous remand directives.

The Board has remanded the Veteran's claims for initial compensable ratings for various service-connected disabilities, including back disability, left lower extremity radiculopathy, right knee patellar chondromalacia, and erectile dysfunction. The claims are being returned to the AOJ for further evaluation.

The Board has granted the Veteran's reopened claim of service connection for a lumbosacral spine disability as due to his service-connected right knee disability, finding that the aggravation of his current lumbosacral spine disability by his service-connected right knee disability is sufficient to establish service connection.

The Veteran was granted a disability rating of 70 percent for PTSD with TBI, effective November 30, 2015.,His right shoulder arthritis and thoracolumbar spine arthritis were both rated at the maximum available under their respective diagnostic codes.

The Veteran's back disability is rated at 40 percent from December 7, 2015. A 20 percent rating for right lower extremity radiculopathy is granted from June 1, 2015.

The Veteran's service-connected disabilities, including Degenerative Disc Disease (DDD) and spinal stenosis, have rendered him unable to meet most of his daily personal needs without regular aid and attendance from another individual. The Board granted special monthly compensation based on the need for aid and attendance due to the Veteran's physical limitations.

The Veteran's back disability is currently rated at 20 percent, and the Board has ordered a remand to obtain additional evidence and conduct another VA examination.

The Board denied service connection for the Veteran's back disability as secondary to his right knee disability and also denied service connection on a direct basis, finding that there was no evidence linking the current back condition to service or any other established conditions.

The Veteran's claims for service connection have been granted, and he is now entitled to benefits for his claimed conditions. The Board also remanded the case for further development regarding an increased disability rating for left inguinal herniorrhaphy with mesh and for service connection for a bilateral lower extremity disability.