Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for lumbar spine disability, right and left sciatic nerve disabilities due to secondary service-connected cervical spine disability. Additional medical guidance is needed to address the Veteran's reports of continuous symptomatology since service or causation.

The Board has remanded the Veteran's claims for increased ratings and SMC based on the need for regular aid and attendance of another person, as well as TDIU prior to May 3, 2004. The claims are being returned for further development.

The Veteran's osteoarthritis of the lumbar spine is currently rated at 10 percent, and a higher rating is sought. The Board has ordered a new VA examination to determine the current severity of his condition.

This decision denies an initial evaluation in excess of 40 percent for chronic thoracolumbar strain, to include degenerative disc disease, IVDS, and status post lumbar discectomy fusion. It also denies a higher initial evaluation for radiculopathy of the right lower extremity. The Veteran's left lower extremity radiculopathy is granted an initial evaluation of 20 percent prior to April 27, 2016, but denied any increase since that date.

The Board denied service connection for back, right hip, left knee, and left ankle conditions due to lack of evidence of a diagnosed condition prior to 1993.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent prior to September 12, 2016 and denied for a higher rating.,The Veteran's right knee disability is rated at 30 percent and denied for a higher rating.,The Veteran's left knee disability is rated at 10 percent and denied for a higher rating. The limitation of flexion associated with the left knee strain is also denied.

The Veteran's service-connected disabilities include lumbar spine disorder, bilateral hearing loss, PTSD with depression, right foot fractures, and recurrent blepharitis. The Board has found that the criteria for SMC at the housebound rate are met.,The Veteran does not meet the eligibility criteria for a special home adaptation grant due to lack of permanent total disability involving both hands or blindness in both eyes.

The Veteran's claim for increased ratings for his low back disability and intervertebral disc syndrome with sciatic nerve involvement, left lower extremity is being remanded due to the need for additional development.,Service connection for bicuspid aorta remains pending.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and need for additional medical opinions.

The Board has remanded several issues related to the Veteran's service connection claims due to additional medical records being added to the claims file after an August 2017 Supplemental Statement of Case.

The Veteran's low back disability is rated at 40 percent, effective from October 27, 2017. The Board has remanded several issues for additional development and clarification of the record.

The Board has remanded the case due to insufficient discussion of the need for aid and attendance and housebound status related to the Veteran's service-connected back disability. A new VA examination is needed to assess these issues.

The Veteran's tension headaches were rated at 30 percent from January 30, 2012 to May 2018. The Board found the symptoms more nearly approximated once a month prostrating attacks not productive of severe economic inadaptability.,The DJD of the lumbar spine was rated at 20 percent from January 30, 2012 to May 2018. The Board found the flexion limitation did not meet or more nearly approximate the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection for left knee, left shoulder, and lumbar spine disorders due to inadequate medical opinions and need for further evidence.

The Board has granted service connection for cervical multilevel spondylosis, multilevel lumbar degenerative spine disease, bilateral Achilles enthesopathy, mid left acetabular sclerosis, and bilateral knee mild osteoarthritis.,Service connection was denied for malaria, right hip condition, chronic fatigue syndrome (CFS), headaches, and acid reflux.

The Veteran's appeals for an increased disability rating and restoration of a previous rating are dismissed due to his death.

The Board has granted an effective date of October 12, 2007 for the award of a total disability rating based on individual unemployability (TDIU), to include on an extraschedular basis.

The Veteran withdrew from appeal his claims for service connection for lumbar spine arthritis and a higher rating for cervical spine degenerative arthritis.

The Board dismissed the Veteran's appeals for various issues due to the lack of an adequate substantive appeal.

The Veteran's GERD is granted a 30% rating, but no higher. The lumbar spine disability and PTSD are remanded for further examination and opinion. Bilateral hearing loss is also remanded. TDIU remains inextricably intertwined with the other issues.