Back / lumbar spine decisions — 2020

The Board has reopened the claim for service connection for headaches due to head injury, but remanded for further development. The back disability claim is also remanded as new evidence suggests a possible nexus to service.

The Veteran's initial claim for a compensable evaluation for lumbosacral strain was denied. The Board also granted an initial evaluation of 10 percent, and no greater, from February 26, 2009, to March 25, 2012, for bilateral pes planus with plantar fasciitis. However, the Veteran's claim for a higher evaluation for his bilateral pes planus was denied.,The Board has also remanded the issue of entitlement to an initial compensable evaluation for lumbosacral strain.

The Veteran's claims for earlier effective dates for increased evaluations of his TBI, spine disorder, right hip strain (limitation of extension), and right hip strain (impairment of the thigh) are denied as it was not factually ascertainable that an increase in these conditions occurred one year prior to June 20, 2018.,The Veteran's claim for restoration of separate service connection award for benign paroxysmal positional vertigo is granted.

The Veteran's service-connected bilateral pes planus, patellofemoral syndrome, lumbar lordosis and rheumatoid arthritis result in functional loss of use of both feet, meeting the criteria for eligibility to receive financial assistance in acquiring an automobile or adaptive equipment.

The Board denied a rating in excess of 20 percent for DJD of the lumbar spine from February 25, 2016.

The Board has remanded the Veteran's claims for bilateral hearing loss and back condition(s) due to inadequate VA examinations. The cases are now pending for further development, including obtaining new VA examinations that consider all lay statements in conjunction with medical evidence.

The Board has decided that the Veteran's lower back condition is secondary to his service-connected left knee disability and needs further examination and opinion.

The Board has remanded the case for further development to obtain updated VA records of treatment for the Veteran's service-connected lumbar spine and left lower extremity radiculopathy disabilities since July 2017.

The Board has remanded the claim for service connection for a lumbar spine disability due to the Veteran's failure to report for a VA examination and his hospitalization at the time of the scheduled examination.

The Board has remanded the Veteran's claims due to incomplete records and need for further medical opinions.

The Board has determined that further development is necessary before the claims can be adjudicated. The Veteran's appeal of the initial disability rating for chronic lumbar muscular strain and TDIU claim are remanded.

The Board has denied the Veteran's claims for service connection for bilateral knee condition, nervous condition (claimed as chronic schizophrenia and chronic depression), back condition, and cervical condition due to lack of evidence linking these conditions to his military service.

The Veteran's appeals for increased ratings for low back strain and service connection for TBI were denied. The appeal for a Total Disability Rating due to Individual Unemployability (TDIU) prior to August 5, 2014, was also denied.

The Veteran's back disability is rated at 40 percent from May 18, 2004. The appeal for a higher rating remains pending.

The Veteran's depressive disorder is granted as secondary to service-connected lumbar spine and right ankle/heel disabilities.,Service connection for degenerative arthritis of the upper extremities is denied due to lack of evidence.,Insomnia, claimed as secondary to service-connected lumbar spine disability, is dismissed as it is considered a symptom of the Veteran's depressive disorder.,The Veteran’s claim for increased rating and separate compensable ratings for bilateral lower extremity radiculopathy is remanded.,Service connection for migraine headache disorder is remanded due to need for clarification regarding its pre-service existence.

The Board has remanded the Veteran's claims for service connection for a back disorder (other than low back strain), to include as secondary to service-connected low back strain, and for higher ratings for his service-connected low back strain. The AOJ is instructed to provide additional medical opinions regarding the etiology of the Veteran’s scoliosis and DDD of the lumbar spine with facet arthrosis.

The Veteran's lumbar strain and bilateral knee disabilities are being remanded for further development due to inadequate range of motion testing in the previous VA examinations.

The Veteran's lumbar myositis and right ankle injury residuals have been restored to their respective ratings of 40 percent and 20 percent, effective June 12, 2015.,A separate 10 percent rating for right ankle instability has also been granted.

The Veteran's claims for increased ratings are being remanded due to the need for additional development, including obtaining private treatment records and conducting VA examinations.

The Board denied a higher initial disability rating for lumbar spinal stenosis and spondylosis, finding that the Veteran's symptoms did not warrant an increased rating based on his range of motion or other criteria.