Back / lumbar spine decisions — 2020

The Veteran's service connection claims for residuals of lacerations to the left index finger and hand (scars) and residuals of a bullet wound to the low back (scar) have been granted. The lung disorder other than left upper lung adenocarcinoma claim has not been met.,A rating higher than 10 percent for bilateral hearing loss prior to December 12, 2019, and a rating higher than 40 percent thereafter have also been denied.

The Board has remanded the claims for service connection due to incomplete VA treatment records and insufficient opinions in the previous VA examination reports. The Veteran needs a new VA examination to determine the etiology of his low back disability, upper extremity radiculopathy, and lower extremity radiculopathy.

The Board has remanded the Veteran's claims for increased ratings and TDIU, as well as service connection for obstructive sleep apnea, an intestinal disorder, hemorrhoids, a gastroesophageal disorder, and erectile dysfunction due to in-service events or disorders.

The Board has remanded the Veteran's claims for increased ratings for cervical spine disorder and right upper extremity radiculopathy, lumbar spine disorder and right lower extremity radiculopathy, as well as his claim for TDIU. The VA is required to obtain additional medical opinions to assess the functional impairment caused by the Veteran’s service-connected disabilities.

The Board has determined that additional development is needed for the issues of spine disability evaluation and TDIU, including a new VA examination to assess the severity of the Veteran's lumbar spine condition.

The Board has granted an earlier effective date of November 9, 2009 for the grant of TDIU due to the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected conditions do not meet the criteria for SMC based on aid and attendance or housebound status.

The Veteran's PTSD was granted at a 70% rating from July 19, 2018 to July 19, 2019. Bilateral hearing loss and other conditions were not granted ratings higher than the current ones. The cases of low back disability, left leg disability, and hypertension are pending.

The Board denied service connection for low back condition and hypertension, finding that the evidence did not support a finding of in-service injury or disease related to these conditions.

The Board denied the Veteran's claims for service connection for valvular heart disease, an eye disability (nerve palsy residuals of head trauma), a back disability, and a right shoulder disability. The evidence did not support a finding that these conditions were related to his military service or exposure to herbicides.

The Board dismissed all claims for increased ratings and service connection for various conditions, including right and left lower extremity radiculopathy, bilateral hearing loss, scars, lumbar strain with degenerative disc disease (DDD), degenerative joint disease (DJD) and spinal stenosis status-post lumbar discectomy, rhinitis and sinusitis, right knee disorder, left knee strain with degenerative arthritis, right ankle disorder, left ankle disorder, cervical disorder, right foot/toes disorder, left foot/toes disorder, left wrist disorder, right wrist disorder, right hand/fingers disorder, left hand/fingers disorder, left shoulder disorder, right shoulder disorder, right hip disorder, and left hip disorder.

The Veteran's appeal for service connection and increased ratings has been dismissed due to his death.

The Board has determined that the Veteran submitted a timely Notice of Disagreement (NOD) for multiple issues addressed in a December 2016 rating decision. The appeal is now REMANDED to issue an appropriate Statement of the Case (SOC).

The Veteran's bilateral hearing loss is rated as noncompensable, and his HNP of the lumbar spine is rated at 20 percent. The TDIU claim is denied.,The Veteran’s HNP of the lumbar spine does not meet the criteria for a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, as his range of motion is within the limits that warrant a 20 percent rating. The Veteran's pain and functional limitations are considered in determining the appropriate disability rating.,The primary factor in denying the higher ratings was the lack of evidence showing more than the current level of impairment.

The Veteran's appeal for a higher rating for his service-connected lumbosacral spine disability was denied. The Board also remanded the issue of whether his right knee condition is secondary to his left knee disability, which requires further examination and opinion.

The Veteran's claim for increased disability ratings for chronic lumbar strain prior to December 10, 2019 and since that date was denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's lumbar spine disability was granted a higher rating of 40 percent effective March 17, 2014. The initial rating for bilateral foot tinea pedis and granuloma annulare remains at 10 percent.

The Board has remanded the cases for further development due to the need for a VA examination to assess the current severity of the Veteran's service-connected low back disability and bilateral radiculopathy of the lower extremities.

The Board has remanded the Veteran's claims for service connection for a low back disability and bilateral foot disability due to conflicting evidence regarding their etiology.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence of an in-service injury or disease and that any current condition is not related to service.