Back / lumbar spine decisions — 2020

The Veteran was unable to secure and follow substantially gainful employment prior to May 7, 2007 due to his service-connected disabilities.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection due to his reported injuries and conditions during military service. The case will be returned to the Board for further action.

The Veteran's appeals for increased ratings in excess of 40 percent for degenerative arthritis of the thoracolumbar spine, right lower extremity radiculopathy (sciatic nerve), and left lower extremity radiculopathy (sciatic nerve) have been dismissed due to his withdrawal of these issues.

The Veteran's claims for a higher rating for his low back disability and TDIU are remanded due to lack of substantial compliance with previous Board directives.

The Board denied service connection for right ear hearing loss, upper gastrointestinal disability (claimed as stomach condition), and lower gastrointestinal disability (claimed as intestine condition) due to lack of evidence showing in-service injury or disease.

The Board has remanded the cases for additional development due to unresolved issues regarding service connection.

The Veteran's claims for service connection for an acquired psychiatric disorder, a left ankle disability, and low back disabilities are all granted. However, the Veteran's secondary service connection claims for knee disabilities remain pending and will be remanded.

The Veteran's claims for service connection of various conditions, including PTSD, back disorder, shoulder and knee disorders, GERD, skin condition, neck disorder, and allergic rhinitis were denied as they are not related to his active duty service.

The Veteran's claim for service connection for left knee disability, back disability, headaches secondary to PTSD, bilateral hearing loss, tinnitus, and sleep apnea is not reopened. The Veteran's PTSD has been granted a 70% rating effective from February 8, 2018. An earlier effective date for the increased PTSD rating cannot be established.

The Board has decided that the Veteran's lumbar spine arthritis is secondary to his service-connected right knee disability and remanded for a sufficient medical opinion.

The Board denied service connection for a back disability and TDIU due to lack of evidence linking the current condition to service. The Veteran's migraine headaches are currently rated at 30% but do not meet the criteria for TDIU.

The Board denied service connection for lumbar spine multilevel disc disease and left hip osteoarthritis, finding that the Veteran's conditions did not begin during his military service or be related to his service-connected right knee condition.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there is not enough evidence to support the claim and concluding that it is less likely than not that his current condition was incurred in or caused by service.

The Veteran's service-connected disabilities have not been shown to warrant higher ratings, and the claims for increased ratings are denied.

The Board has determined that the VA examinations and opinions provided were not sufficient to address the Veteran's claims for service connection. The Veteran is being remanded for additional evaluations and opinions.

The Board has granted a rating of 70 percent for major depressive disorder prior to May 18, 2015 and denied a higher rating. The case is remanded for further development regarding the Veteran's claim for TDIU.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disability is related to his service, including crawling on cold hard ground during a period of service.

The Board has decided to remand the Veteran's claim for a new VA examination due to the need for clarification on the effect of painful motion on weight bearing for his service-connected low back disability.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the time period from March 22, 2010, to March 14, 2012.

The Veteran's lumbosacral strain with arthritis is rated at 40 percent from April 18, 2017. He also received a grant for special monthly compensation based on need for aid and attendance.