Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to inadequate examinations in previous decisions. The new examinations are needed to address the nature and etiology of the claimed disabilities, including knee, back, and hip conditions.

The Board has remanded the claim of service connection for a low back disability due to inadequate consideration of all pertinent and competent lay reports, including the Veteran's own reports of heavy lifting in service and post-service chronic low back pain.

The Veteran's claims for service connection for cervical spine degenerative disc disease with radiculopathy and headaches were granted, effective April 3, 2000. The rating assigned is 30 percent.

The Board has granted service connection for tinnitus and has remanded the remaining issues related to PTSD, elbow disorders, back disorder, hip disorders, knee disorders, and foot disorder.

The Board granted a 20 percent rating for the Veteran's myofascial lumbar syndrome prior to October 8, 2018 and denied an increased rating thereafter. The effective date remains pending as it is not specified in the decision.

The Veteran's service-connected DJD of the thoracolumbar spine and bilateral lower extremity radiculopathy involving the sciatic nerve were evaluated as 10% and 10% respectively, with no higher ratings granted. The appeal was denied for an increased rating.

All initial ratings of 10 percent for left and right foot plantar fasciitis, low back disability, and right shoulder disability are granted from November 1, 2007. The rating of 10 percent for the right knee disability is also granted.,The Veteran's right shoulder disability was rated at 20 percent from November 1, 2007 to April 25, 2016 and then dropped back down to 10 percent after that date.

The Veteran's service-connected disabilities do not render them unable to secure or maintain substantially gainful employment.

The Board denied the Veteran's claims for service connection for a back disability, bilateral hearing loss disability, and PTSD. The decision found that there was no evidence of in-service injury or exposure to noise that could have caused current disabilities.

The claim for service connection of a low back disability is remanded due to the need for additional medical examination and consideration. The Veteran's lay statements regarding in-service symptoms and continuity of symptoms since service are considered.

The Board denied the Veteran's claim for service connection for a back condition, finding that there is no evidence of a chronic condition during service or within one year after separation from active duty. The Board also found that the Veteran’s current back condition is not consistent with a condition that had its onset in service and continued ever since service.

The Board denied the Veteran's claims for service connection for various knee, hip, and low back disabilities, finding that they were not incurred or aggravated during active duty service. The Board also found no link between these conditions and his service-connected right leg fracture.

The Board has determined that the Veteran's claim for service connection for PTSD is reopened, and his lumbar spine DDD and bilateral lower extremity radiculopathy ratings are restored. The issues of increased ratings for these conditions remain pending.

The Veteran's claim for increased ratings for his cervical spine disability is remanded due to the need for clarification regarding the presence of incapacitating episodes.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, considering his level of education and prior work experience.

The Veteran's back disability is currently rated at 20 percent, and the Board has found that a new VA examination is necessary to determine if his condition warrants an increased rating.

The Veteran's need for regular aid and attendance due to severe lower extremities restrictions, nerve damage, and low back problems from a motor vehicle accident is granted beginning October 20, 2017. The claim was denied prior to this date.

The Veteran's tinnitus was first manifested during service and is granted. The ventral hernia, back condition, right foot condition, left foot condition, right hip condition, left hip condition, and sleep apnea are all remanded for further examination and opinion.

The Veteran's claims for service connection of right foot, lumbar spine, neuropathy of the right lower extremity, and right hip conditions are being remanded due to new evidence submitted that may support these claims.

The Veteran's lumbar spine disability was not rated higher than 20 percent prior to May 1, 2018.,Starting from May 1, 2018, the Veteran is entitled to a rating of no more than 60 percent for his lumbar spine disability.