Back / lumbar spine decisions — 2020

The Veteran's low back disability and left lower extremity radiculopathy have been granted, but the Board has denied ratings for other service-connected disabilities due to secondary service connection.

The Board has granted service connection for lumbosacral strain and secondary service connection for diffuse idiopathic skeletal hyperostosis, degenerative disc disease (DDD), and degenerative arthritis of the lumbar spine. The conditions are found to be related to active duty.

The Veteran's service-connected disabilities, including her lumbosacral strain, right ankle, left lower radiculopathy and right wrist conditions, are considered one disability with a combined rating of 60 percent. The Board finds that the functional impairment associated with these disabilities precludes the Veteran from securing substantially gainful employment.

The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.

The Veteran's right knee disability is rated at 10% since July 19, 2018. The Veteran's thoracolumbar myofascial strain with degenerative changes is rated at 20% since August 30, 2017.

The Veteran's claim for a higher rating for his DDD of the lumbar spine was granted, with a 40 percent rating effective July 23, 2018. The previous ratings were denied.

The Board has remanded the Veteran's claims for service connection for a chest disability, respiratory disability, back disability, and right hip disability due to incomplete compliance with prior remand directives. The issues are now pending before the AOJ.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions provided by VA examiners. The issues include PTSD, right hand/finger disability, left knee and right knee disabilities, back disability, and neuropathy of the upper and lower extremities.

The Board has remanded the case for further development to determine if the Veteran's lumbar spine disorder is caused or aggravated by his service-connected right knee disorder, and whether obesity played a role in causing or aggravating this condition.

The Board has granted service connection for degenerative disc disease of the lumbar spine, degenerative joint disease and traumatic arthritis of the right knee, degenerative joint disease and traumatic arthritis of the left knee, and degenerative arthritis of the cervical spine.

The Board has remanded the Veteran's claims for earlier effective dates for service connection due to incomplete information provided by his attorney regarding a claim submitted with Mr. Lloyd Finklea in 1992.

The Board has decided to remand the Veteran's claims for additional development due to insufficient medical opinions regarding his service-connected thoracolumbar spine spondylosis with degenerative disc disease.

The Board denied service connection for degenerative joint disease of the lumbar spine, finding that there was no evidence linking the condition to active service.

The Board has remanded the issue of service connection for low back disability due to inadequate VA examinations and the need for additional evidence.

The Board has remanded the issue of service connection for a right ankle disability, as it is unclear whether the Veteran's current condition is secondary to his service-connected right great toe disability. The TDIU and SMC claims are granted based on the Veteran’s service-connected lumbosacral strain and depressive disorder.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU. The claims for respiratory disorder and sleep apnea are remanded due to insufficient evidence.

The Veteran's lumbar spine intervertebral disc syndrome with degenerative arthritis and spondylosis is rated at 20 percent, effective October 1, 2019. The right lower extremity radiculopathy was initially denied a rating in excess of 10 percent prior to November 18, 2019 but granted a disability rating of 20 percent beginning on that date.

The Veteran's appeals for increased ratings and service connection were dismissed due to untimely notices of disagreement. The Board also remanded the issue of service connection for a lumbar spine disability.

The Veteran's claims for service connection of a back disability and an increased rating for major depressive disorder were both denied by the Board. The decision found that there was no evidence linking the current disabilities to service or service-connected conditions.

The Board has granted service connection for a lumbar spine disability, finding it at least as likely as not related to the Veteran's service-connected fibromyalgia.,Service connection was denied for a right shoulder disability due to lack of evidence showing its onset during or within one year after service.