Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims of service connection for his back disability, finding that there is no evidence showing a chronic condition during or within one year after service. The Board also found that any current back disability is less likely than not caused by military service.

The Veteran's claim for service connection for a back disability was denied. The Board found that the preponderance of evidence did not support finding that his current back condition began during active service or is otherwise related to an in-service injury.,For PTSD, the Veteran's claim for an initial rating in excess of 50 percent prior to May 21, 2012 was denied. The Board found that the severity, frequency, and duration of his PTSD symptoms did not more closely approximate total occupational and social impairment.

The Veteran's claims for increased ratings for his right hip strain, left hip disability, and lumbar spine disability have been denied due to failure to report for VA examinations.

The Veteran's claim for a higher rating for his lumbar spine disability prior to May 16, 2016 was denied as the condition did not meet the criteria for a higher rating under VA regulations.

The Board has decided to remand the Veteran's claim for a higher rating for his lumbar spondylosis without radiculopathy due to inadequate examination and failure to comply with previous remand directives.

The Board has denied a rating in excess of 20 percent for the service-connected low back disability and remanded the issue of service connection for a sleep disorder, to include sleep apnea and insomnia. The case is now REMANDED for further development.

The Board has remanded the case due to a need for clarification regarding the Veteran's ability to secure and follow substantially gainful employment prior to July 8, 2020, based on his service-connected conditions. The AOJ is instructed to obtain medical records from the Veteran's correctional facility and request a VA medical opinion discussing the impact of his service-connected lumbar spine and right lower extremity radiculopathy disorders on his employability.

The Board has remanded the case for further development due to a duty-to-assist error. The Veteran is not entitled to service connection for various conditions including bilateral hearing loss, back, heart, shin splints, and TB.

The Veteran's claims for service connection for a neck condition and increased ratings for osteoporosis of the lumbar spine are being remanded due to the need for additional medical examination and opinion.,An earlier effective date is also being remanded for service connection for osteoporosis of the lumbar spine and an increased rating for duodenal ulcer with GERD.

The Veteran's lumbar spine degenerative disc disease with IVDS to include degenerative joint disease was denied a rating in excess of 40 percent from April 23, 2019 to October 28, 2019.,The Veteran's sciatica of the left lower extremity was denied a rating in excess of 20 percent from April 23, 2019 to October 28, 2019.

The Board has remanded the Veteran's claims for right knee strain, left knee strain, and low back disorder due to deficiencies in the examination reports. The VA examinations are needed to provide a complete record upon which to decide the Veteran’s claim.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current diagnosis of hearing loss that meets the criteria for service connection.,The Veteran's claim for service connection for tinnitus is denied as his tinnitus did not begin during active service and is not otherwise related to an in-service injury or disease.,The Veteran's claim for service connection for back conditions is remanded due to a duty-to-assist error in the prior VA examination.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for service connection for tinnitus is granted, with the Board finding that his tinnitus began during active service and is related to military noise exposure.,The Veteran's claims for service connection for left eye disability (including retina, scarring, atrophy, or irregularities of, eye disease, vision, and visual impairment) are denied as there is no evidence linking these conditions to service.,The Veteran's claim for service connection for low back disability is denied as there is no evidence suggesting the condition began in or is related to his military service.,The Veteran's claim for service connection for bilateral plantar fasciitis is granted, with the Board finding that it is etiologically related to service.

The Board has granted service connection for the Veteran's low back condition, diagnosed as degenerative arthritis and spinal stenosis, finding that it is etiologically related to active service.

The Veteran's headaches are rated at a 50 percent disability rating, and he is granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has decided to remand the Veteran's claim for a low back disability due to inadequate VA examination and duty to assist errors.

The Veteran's claims for bilateral hearing loss and tinnitus are denied as he does not have a current disability.,The Veteran's claim for service connection of tinnitus is denied because it is less likely than not related to his in-service complaints, which did not include tinnitus.,The Veteran's claims for right shin splints and left shin splints are granted as they meet the criteria for service connection.,The Veteran's claim for lumbar spine degenerative disease is denied as there is no nexus between the current disability and his in-service complaint of low back pain.

The Board denied service connection for radiculopathy of the right lower extremity, an acquired psychiatric disorder (claimed as PTSD), sinusitis, chronic urinary tract infections, hypertension, and a back disorder due to lack of evidence linking these conditions to active duty service.

The Board has remanded the Veteran's claims of service connection for headaches and a lumbar spine disorder due to insufficient evidence in their favor.

The Board has remanded the claims of service connection for a low back condition, right foot condition, and chronic headache condition due to exposure to hydraulic fluid. The Veteran's representative requested information about the competency of VA examiners in June 2018.