Back / lumbar spine decisions — 2020

The Board denied service connection for a low back condition and COPD, finding no evidence of in-service injury or disease related to these conditions. The Veteran's current diagnoses were not linked to his military service.

The Board has determined that the issues of increased ratings for cervical spine and lumbar spine disabilities, as well as upper extremity radiculopathy, are part and parcel of the Veteran's claims. The case is being remanded to obtain additional medical examinations and opinions.

The Veteran's TMJ disability is not rated higher than 10 percent, as the inter-incisal range does not meet the criteria for a higher rating.,For his back disability prior to December 6, 2016, the Veteran was not entitled to more than a 10 percent rating. From that date onwards, he is rated at 20 percent.,The effective date of service connection for left lower extremity radiculopathy has been set at October 2, 2013.,The Veteran's TDIU claim was granted.

The Veteran's claim for service connection for degenerative arthritis of the lumbar spine is granted. The cervical spine claim is remanded due to inadequate development.

The Board has denied an increase in the ratings for lumbar spondylosis and has remanded the issue of a TDIU rating prior to August 31, 2018.

The Veteran's appeal to reopen his service connection claim for a lumbosacral strain is dismissed due to the death of the appellant.

The Veteran's service connection claims for various conditions are being remanded due to the need for additional medical examinations and records.

The Veteran's appeal for a higher rating for his heart condition prior to December 17, 2019 is denied. A rating of 60 percent is granted as of December 17, 2019.,A remand is ordered due to insufficient medical opinions regarding the relationship between the Veteran's hypertension and service or herbicide exposure, and whether it is proximately due to or aggravated by his service-connected conditions.,The Veteran's claims for service connection related to cramping in arms and legs, hypertension (to include due to service-connected conditions), degenerative disc disease, sciatic of the left lower extremity, and gout are remanded as insufficient medical opinions were provided regarding these issues.

The Board has reopened the claims for service connection for a back disability, liver disorder, ear disorder, and larynx disorder. The cases are remanded for further development.

The Board denied service connection for back, left ankle, bilateral knee, and right hip disabilities as the evidence did not support a finding that these conditions were incurred in or caused by service.,The Veteran's current diagnoses of degenerative arthritis in his knees, ankles, and hips are considered to be due to natural aging and excess weight rather than being proximately due to or aggravated by his service-connected feet conditions.

The Veteran's back condition and left lower extremity radiculopathy are granted with a rating of 20 percent, effective June 18, 2015. The effective dates for the increased ratings are denied.

The Veteran's spine disability was previously rated at 10 percent, but a recent VA examination showed an increase in severity. The RO granted a 40 percent rating effective from January 2, 2020, for the service-connected thoracolumbar spine disability. However, the issue of a higher rating before that date remains on appeal.

The Board has remanded several issues related to the Veteran's knee and back disabilities, including rating determinations for limitation of motion, lateral instability, and thoracolumbar strain. The remand requires obtaining complete post-service treatment records from the Department of Defense, conducting new examinations to assess current severity, and providing a retrospective opinion regarding flareups.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities render him in need of regular aid and attendance or housebound. The case will be returned for further development.

The Board denied the Veteran's claim for service connection for a back disability, finding that the preponderance of evidence did not support a link between his current condition and his active duty service.

The Veteran's bilateral hearing loss is rated at 10 percent, effective February 1, 2017.,The Veteran meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's IVDS of the thoracolumbar spine is now rated at 40 percent, effective June 30, 2020. The right ankle disability has been restored to a 10 percent rating from June 22, 2016.

The Veteran's claim for an increased evaluation for Generalized Anxiety Disorder was denied, and his TDIU claim was also denied due to the lack of meeting schedular requirements. The Board found that the Veteran did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.

The Board denied higher evaluations for the Veteran's service-connected lumbar spine intervertebral disc degeneration and cervical spine DDD, finding that the current ratings of 20 percent are appropriate based on the evidence showing no limitation of motion or ankylosis.