Back / lumbar spine decisions — 2020

The Board has remanded the case due to inadequate examination and missing records, as well as new evidence received since the last decision.

The Veteran's dysthymic disorder, degenerative disc disease of the lumbar spine, and tinnitus are all found to be related to service. Hypertension is also granted as a direct result of service.,Service connection for dysthymic disorder, degenerative disc disease of the lumbar spine, and tinnitus has been established.

The Board has remanded the Veteran's claims for service connection and rating of his respiratory condition and degenerative changes of the thoracolumbar spine due to incomplete examination findings. The Veteran is asked to provide a new VA opinion regarding the nature and etiology of his respiratory disability, specifically whether it is related to passive asbestos exposure in service. A new VA examination is also needed for the back disability.

The Board has remanded the case due to the need for issuance of a Statement of the Case (SOC) addressing the issues of attorney fees and increased disability rating.

The Veteran does not meet the basic eligibility requirements for VA nonservice-connected pension benefits due to lack of qualifying wartime service, and his claim is denied as a matter of law.

The Veteran's AK is rated at 60% since December 2, 2019. The Board has remanded the issue of whether a higher rating is warranted prior to that date.,Service connection for hypertension was not addressed in this decision and is being remanded.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.

The Board has denied the Veteran's claims for service connection for lumbar strain and cervical spine degenerative disc disease, finding that there is no evidence of onset during active duty or within one year post-service. The VA examiner concluded that these conditions are less likely than not caused by military service.

The Board has decided to remand the claim for service connection for lumbosacral strain due to insufficient information in previous medical opinions. The Veteran's current back disability may be related to his active service, including parachute jumps and a left foot injury.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of forward flexion limited to 30 degrees or less.

The Veteran withdrew his appeal regarding a higher rating for his lumbar spine disability before the decision was made.

The Veteran's lumbar spine disability and related nerve impairments are rated based on their severity, with the highest rating of 40% granted for the period prior to August 12, 2015. Ratings in excess of these were denied.

The Board has remanded the cases of low back disability and hemorrhoids for additional development, including obtaining service treatment records and scheduling a VA examination.

The Board has remanded the cases for additional development and examination to determine the nature and etiology of the Veteran's claimed back disorder and stomach or esophageal disorder. The claims are being returned to the RO for further consideration.

The Veteran's claim for an increased rating for her degenerative disease of the lumbar spine was denied. For the period prior to August 21, 2020, she is rated at 10 percent and for the period from August 21, 2020, she is rated at 20 percent.

The Veteran's lower back disorder and left knee disability have been granted service connection. The right hip and right knee issues are still under review.

The Veteran's claim for service connection for left eye aphakia is granted. From June 26, 2008 to January 7, 2010, the Veteran's PTSD symptoms are rated at 70 percent and from January 7, 2010, his PTSD symptoms are rated at 100 percent.

The Veteran's TDIU claim is denied as he currently meets the schedular criteria for a TDIU, but his full-time employment in a leadership position until February 2019 indicates that his service-connected disabilities do not prevent him from obtaining and retaining substantial gainful employment.

The Board denied service connection for right-ankle disorder, lumbar-spine disorder (to include as secondary to a service-connected injury or disease), right-upper-extremity CTS, and left-upper-extremity CTS. The Board found no evidence of in-service injury or disease related to these conditions.

The Board has remanded the claims for service connection for right ear hearing loss, a rating in excess of 40 percent for lumbar spine disability, and an initial rating in excess of 20 percent for right lower extremity radiculopathy due to insufficient evidence or need for further examination.