Back / lumbar spine decisions — 2020

The Board has determined that the Veteran is entitled to a TDIU on an extraschedular basis, effective November 13, 2006, due to his service-connected disabilities.

The Board has remanded the case for further development and examination, including assessments of the Veteran's lumbar spine myositis and associated neurologic complications, as well as his service-connected skin disability. The claims are not about service connection but rather about increased ratings and compensation.

The Board denied service connection for a back disorder and an ear disorder other than bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to her military service.

The Veteran withdrew his appeals regarding service connection for lumbosacral strain and degenerative arthritis of the spine, rash on hand, plantar fasciitis or pes planus, and thyroid with weight issues before the Board could review them.

The Veteran's right and left lower extremity sciatic nerve radicular pain or paresthesia, as well as his neurogenic erectile dysfunction (ED), are considered secondary to his low back disability. The Veteran is currently rated at the minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control.

The Veteran's claim for a TDIU due to service-connected disabilities is granted. The issue of an initial disability rating in excess of 10 percent for gastritis is remanded.

The Veteran's L5-S1 internal disc disruption with chronic low back pain is currently rated at 60 percent, but the Board denied a higher rating as there were no findings of unfavorable ankylosis of the spine.

The Board has remanded the claims for service connection due to insufficient medical opinions and additional development is needed.

The Veteran's lumbar spine disorder is granted, while his claims for bilateral hearing loss, chronic tonsillitis, bladder dysfunction, bilateral lower extremity sciatica, and erectile dysfunction are denied.,Service connection for depressive disorder is also granted.

The Veteran's low back disability was not found to warrant a higher rating prior to December 16, 2019. From that date, the disability was also not found to warrant a higher rating.

The Veteran's lumbar spine disability was rated at 60 percent from June 26, 2012 to August 23, 2012 and again from October 10, 2012 to October 1, 2014. From October 1, 2014 to July 10, 2019, the Veteran's disability was rated at 10 percent. Since July 11, 2019, it has been rated at 20 percent.

The Board has determined that the Veteran's diagnosed low back herniation and intervertebral disc syndrome is etiologically related to his low back injuries sustained during service, granting service connection for a low back disability.

The Veteran's back disability is granted as service connected, and the claim to reopen is also granted.

The Board has remanded the cases for additional development, including obtaining private medical records and conducting VA examinations to assess the Veteran's service-connected disabilities and their impact on his ability to work.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to his service-connected lumbar spine disorder, associated radiculopathy of the lower extremities, and TDIU. The Veteran is required to undergo a new VA examination to assess the severity of his lumbar spine disability and associated radiculopathy.

The Veteran's sleep apnea is granted as secondary to his service-connected conditions. His IVDS of the lumbar spine and sciatic nerve radiculopathy of the left lower extremity are not rated higher than their current levels, while his binocular visual field defect remains at its current level.

The Board has remanded the case due to failure to obtain substantial compliance with a previous remand, and also because of an allegation of clear and unmistakable error (CUE) in a prior rating decision. The Veteran's claims for reopening service connection for a lumbar spine disability and entitlement to TDIU are being returned to the AOJ for further action.

The Veteran's service-connected back disability is found to be the cause of his left knee DJD.,There is no evidence that the right knee DJD is related to his service or any service-connected condition. The Veteran’s right knee DJD is considered age-related degenerative changes.

The Veteran's tinnitus is granted service connection, while his left shoulder disability, low back disability, disabilities of both knees, bilateral hearing loss, and respiratory disability are denied.

The Board has granted service connection for degenerative arthritis of the lumbar spine, finding that the evidence is at least in equipoise as to whether it began during or is otherwise related to active military service.