Back / lumbar spine decisions — 2020

The Board has decided to remand the claim for a disability rating in excess of 10 percent for lumbosacral strain prior to July 28, 2016, and in excess of 40 percent thereafter due to insufficient evaluation criteria provided by the VA examiner.

The Board has remanded the cases for additional development, including a VA examination to determine if the Veteran's service-connected knee disabilities caused or aggravated his right hip and lower back conditions.

The Veteran is granted eligibility for specially adapted housing due to his service-connected lumbar degenerative disc disease with IVDS and bilateral lower extremities neuropathy, which precludes locomotion without assistive devices. Eligibility for automobile or adaptive equipment was denied as the Veteran does not meet the criteria of loss of use of a hand or foot.

The Board denied the claims for service connection for a back condition and sleep disorder (including sleep apnea) as there is no evidence linking these conditions to service.

The Board has remanded the Veteran's claims for residuals of meningitis, chronic headaches, low back disability, sciatica of the lower extremities, and left ankle disability due to in-service injuries. The issues are being remanded for further development including obtaining medical records and conducting examinations.

The Veteran's claim for a higher rating for IVDS and lumbosacral strain is denied. The Board finds that the evidence does not support a higher rating than 40 percent from April 15, 2019 to the present.

The Veteran's low back pain with muscle spasm is currently rated at 20 percent, and the Board has determined that a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine is not warranted.

The Board has decided to remand the Veteran's claims for a thoracolumbar spine disability and left hand fracture due to the need for additional medical examination.

The Veteran's appeal involves multiple service-connected disabilities, including bilateral hearing loss, osteoarthritis lumbar spine with scoliosis, radiculopathy of the left and right lower extremities, and TDIU. The case is remanded for additional examinations to assess the severity of his lumbar spine disability and radiculopathy disabilities.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence to support a higher rating for lumbosacral strain prior to August 11, 2017 or since that date. Service connection was also denied for DVT of the right lower extremity and hypertension.

The Board denied the Veteran's claim for service connection of a low back disability, concluding that there is no evidence to support a link between his current condition and his military service.

The Board denied service connection for a low back condition, finding that the evidence does not support a link between the Veteran's in-service spinal tap and his current low back disability.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability, bilateral leg disability, and bilateral hip disability. The Board found that there is no evidence of a chronic disability during service or within one year after service, and that any current disabilities are not related to service.

The Board has dismissed the appeals for service connection of right ankle, lower back, right hip, right knee, and left ankle conditions due to the Veteran's withdrawal of his appeal.

The Veteran's claim for service connection for degenerative arthritis of the spine is granted. The Board finds that remand is necessary to address his claims for an acquired psychiatric disorder, including PTSD and unspecified anxiety disorder.

The Board has decided to remand the Veteran's claims for service connection due to a duty to assist error and incomplete records. The Veteran is entitled to an addendum VA medical opinion regarding the etiology of his low back disorder and radiculopathy of the LLE.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error, specifically regarding an inadequate VA medical opinion on the etiology of the Veteran's left hip and back disabilities.

The Board has decided the initial evaluation claims for thoracic myofascial strain and degenerative disc disease of the lumbar spine, but finds that additional development is needed to properly evaluate these conditions prior to February 25, 2015.

The Board has determined that there is sufficient evidence to establish service connection for a thoracic, upper and lower back disability due to the Veteran's active duty service. The Veteran was treated for thoracic strain and back pain during her military service and continues to experience symptoms since then.

The Board has granted service connection for right ear hearing loss, tinnitus, back disability, bilateral knee disability, and left ankle disability. The initial ratings for these conditions are not addressed in this decision.