Back / lumbar spine decisions — 2020

The Veteran's thoracolumbar spine strain with degenerative disc disease and joint disease is rated at 40 percent, which does not meet the criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding whether the condition warrants an increased evaluation. For his TDIU claim since May 18, 2011, the Veteran meets the requirements as he is unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Board has remanded the claims for service connection and TDIU due to conflicting opinions on whether the Veteran's current lumbar spine disability is related to his in-service motor vehicle accident. The case will be reviewed with additional development.

The Veteran's lumbar spine disability is currently rated at 40 percent, the highest available rating based on limitation of motion. The Board finds no evidence to support a higher rating.,The Veteran's radiculopathy of the right lower extremity and left lower extremity are both currently rated at 10 percent.

The Veteran's service connection claim for sleep apnea is granted. The Board finds that the evidence supports a grant of service connection for sleep apnea, as it had its onset during her active duty service and has persisted since then. The Veteran's service connection claim for low back disorder is remanded.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of an in-service injury or disease related to his current condition and that it is not secondary to his service-connected left ankle condition.

The Board has remanded the case due to inadequate medical opinions and incomplete records. The Veteran's low back disability, including degenerative disc disease and scoliosis, needs further evaluation by a VA examiner.

The Veteran's appeal for service connection on the issues of urinary incontinence, erectile dysfunction, right trapezius strain, right ear hearing loss, short-term memory loss disorder distinct from PTSD with depressive disorder and TBI residuals, initial compensable rating for TBI, and a rating in excess of 40 percent for lumbar degenerative disc disease on an extraschedular basis after November 20, 2014 has been withdrawn. The appeal is dismissed.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy are being remanded for further evaluation due to the inadequacy of his most recent VA examination.

The Board has remanded the claims for service connection for a low back disability, left knee condition, and left hip condition to include as secondary to the low back disability due to lack of documentation in service records. The Veteran's claim will be reviewed again with an addendum opinion from VA.

The Veteran's cervical spine, lumbar spine, and left knee disabilities are being remanded for further development.,Service connection is not granted for the residuals of a traumatic brain injury (TBI) or headache disability.

The Veteran's claim for a higher rating and earlier effective dates for his service-connected lumbar spine disability, radiculopathy of the lower extremities, has been granted. The effective date is set at December 13, 2012.

The Veteran's appeal is remanded for additional development to address his claims of increased ratings and effective dates.

The Veteran's TDIU claim prior to July 10, 2014 is being remanded for further review due to the physical limitations caused by his back and right leg disabilities.

The Board has ordered the Veteran's claims remanded for further examination and evaluation of his lumbar spine disability, bilateral pes planus and plantar fasciitis. The examinations are needed to assess the severity of these conditions and whether there are any calluses on his feet.

The Veteran's claim for service connection for a lumbar spine disorder was granted, and he is now entitled to the full rating of 10 percent.,Tinnitus has been rated at 10 percent since December 29, 2016. The Veteran requested an increase in his tinnitus rating but withdrew this issue during the hearing.

The Veteran's claim for increased ratings for his low back disability was denied. The initial rating of 10 percent was granted, followed by a staged increase to 20 percent from July 30, 2014 and then to 40 percent effective January 8, 2020. No higher ratings were granted.

The Veteran was granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis effective May 26, 2010. The decision found that the Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to this date.

The Board has granted service connection for a left elbow disorder and a right knee disability, but denied service connection for a back condition. The Veteran's right knee disability is currently rated at 10%.

The Board has remanded the issues of rating higher than 10 percent for lumbar DDD, status-post L3-4 fusion prior to March 29, 2010; from March 29, 2010 to May 5, 2014; and since May 6, 2014.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran’s claim of entitlement to service connection for right leg condition. The case is REMANDED for further development.