Back / lumbar spine decisions — 2020

The Veteran's initial rating for degenerative disc disease was increased from 20% to 10%, effective September 19, 2014. The reduction from 20% to 10% is being remanded due to improper consideration of the Veteran's ability to function under ordinary conditions.

The Board denied the Veteran's claims for higher initial ratings for hemorrhoids, right knee disability, lumbosacral spine disability, and cervical spine disability.,The Board also denied the Veteran's claim for an initial compensable rating for left ear hearing loss.

The Board has remanded the claims for service connection due to unclear nature and etiology of the claimed disabilities, including whether they are diseases or injuries incurred during periods of Active Duty Training (ACDUTRA) or Inactive Duty Training (INACDUTRA).

The Board has determined that additional examinations are needed for the Veteran's lumbosacral strain, scars, and bilateral hearing loss due to the lack of recent VA examination findings. The claims for increased evaluations and TDIU on an extraschedular basis are also remanded.

The Veteran's PTSD is granted a 70 percent rating, but no higher. Service connection for right shoulder disability, lumbosacral spine disability, and radiculopathy of the bilateral lower extremities are remanded.

The Board has remanded the claims due to insufficient evidence and need for additional examinations. The Veteran's service-connected conditions, including his lumbosacral strain, left knee chondromalacia, and right knee disorder, are being evaluated further.

The Veteran's posttraumatic headaches have been rated at 30 percent since January 31, 2012.,Cervical and thoracolumbar spine disorders are both remanded for further evaluation.,Residuals of TBI are also remanded for further evaluation.,Hypertension is remanded to determine if it is secondary to service-connected TBI or PTSD.,Right ear pain associated with the TBI is also remanded for a determination on its etiology.

The Board has granted the reopening of claims for service connection for hemorrhoids, a mental disorder, and various musculoskeletal conditions. However, these claims have been denied as there is no evidence to support the presence or causation of any of these conditions during service.

The Veteran's claims for increased ratings for his lumbar degenerative disc disease and associated radiculopathy of the left lower extremity have been denied. The Board found that the evidence did not support a higher rating than the current 10% or 40% assigned.

The Veteran's claim for a disability evaluation in excess of 20 percent for degenerative disc disease, status post lumbar fusion was denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 20 percent based on range of motion or incapacitating episodes.

The Board has remanded the case for a new VA examination to determine if the Veteran was entitled to special monthly compensation based on the need for aid and attendance prior to his death. The examiner is requested to consider the specific impairing attributes associated with each of the Veteran's service-connected disabilities.

The Board denied the Veteran's claim for service connection of a lower back disorder, finding that there is no evidence to support a direct link between his in-service injury and his current condition.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as the separate radiculopathy disabilities, are remanded. Additionally, the claim for service connection for bilateral thrombophlebitis is also remanded.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disorder is related to her service-connected bilateral knee disabilities. The examiner must provide an opinion on the nature and etiology of the Veteran's back disorder, including its relationship to her in-service knee disabilities.

The Board dismissed all appeals for service connection due to the Veteran's withdrawal of his claims.

The Board has determined that additional development is needed for the Veteran's claims of service connection for back and left hip disabilities, which are currently secondary to his service-connected left ankle instability. The case is being remanded for further examination and review.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence to support a nexus between his current condition and his military service.

The Board has found that the Veteran's current bilateral elbow, knee, and lower back disabilities are at least as likely as not related to service. However, the issues of entitlement to service connection for bilateral ankle and wrist disabilities have been remanded due to insufficient nexus opinions provided by VA examiners.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no credible evidence linking his current condition to his military service.

The Board has remanded the Veteran's claims for additional development, including obtaining medical records and requesting information from the Veteran regarding his employment status.