Back / lumbar spine decisions — 2020

The Board has granted service connection for arthritis of the lumbar spine, finding that it is related to the Veteran's active service and resolving reasonable doubt in his favor.

The Board has remanded the case due to new evidence submitted by the Veteran, which relates to an unestablished fact necessary for service connection of a low back condition. The claim is now reopened and will be further evaluated on remand.

The Veteran's service-connected back and bilateral lower extremity disabilities render him in need of the daily care of another, as he requires assistance with ambulation, homemaking activities, and personal hygiene due to his physical incapacity.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied prior to October 11, 2018. From that date onwards, he is granted a higher rating of 40 percent.,For the period from September 1, 2009, separate initial ratings of 10 percent were granted for right and left lower extremity radiculopathy.

The Veteran's claims of service connection for back and left knee disabilities have been granted, with the decision in favor due to presumptive service connection based on his right knee disability.

The Veteran's right hand fifth metacarpal disability was denied a compensable rating, but service connection for low back and left knee disabilities were granted.,Service connection for sleep disorder to include insomnia, depression, and anxiety disorder was also granted.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for low back strain prior to October 31, 2016 and from October 31, 2016 onwards, as well as his claim for an earlier effective date. The TDIU claim is also being remanded.

The Veteran's lumbosacral strain with degenerative changes of L5-S1 is currently rated at 20 percent, which does not meet the criteria for a higher rating. The Board found that her symptoms did not warrant an increase in disability rating.

The Board has remanded the case due to inadequate reasons and basis for not considering a 10 percent rating for each joint based on painful motion. A new VA examination is needed to determine the current severity of service-connected generalized arthralgias.

The Board has remanded the Veteran's claims for additional development due to incomplete scheduling of VA examinations and lack of communication with the Veteran.

The Board denied service connection for a low back disorder, finding that the current diagnoses are not related to an in-service injury and exposure. The claim was based on direct service connection.

The Veteran's claims for tinnitus, PTSD, and bilateral hearing loss have been granted. The remaining issues of service connection for various conditions are remanded for additional development.

The Board denied the Veteran's claim for a TDIU rating prior to May 6, 2014, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board has reopened the claims for service connection of back and left foot disabilities, but has remanded the remaining issues due to lack of service treatment records.

The Veteran's service-connected disabilities, including PTSD, low back strain, cervical strain, right ankle strain, tinnitus, eczema, and headaches, render him unable to obtain or maintain substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Veteran's lumbar spondylosis was rated at 40% from May 16, 2019 onwards and depression was granted a 70% initial rating from January 31, 2006 to August 30, 2016. The Veteran is now entitled to TDIU.,The Board denied the Veteran's request for an increased rating of lumbar spondylosis and depression.

The Veteran's claims for increased ratings for thoracolumbar degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's back disability and whether it is related to his service-connected left ankle degenerative joint disease.

The Board has determined that the previous remand directives have not been substantially complied with, and thus another remand is required.

The Veteran's initial compensable rating for bilateral hearing loss is denied.,The Veteran's claim for a higher rating for tinnitus remains denied.