Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for right mid-thigh lower extremity amputation and entitlement to automobile or other conveyance and adaptive equipment or adaptive equipment only due to a lack of an adequate VA medical opinion regarding these issues.

The Board has denied service connection for a back disability, bilateral sensorineural hearing loss disability, tinnitus, and impotence claimed as erectile dysfunction due to lack of current diagnoses. The claim for an acquired psychiatric disability is remanded due to the need for additional mental health treatment records.

The Veteran's service-connected conditions do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board has dismissed the appeals for service connection of left and right lower extremity sciatic and femoral neuritis. The appeal is also dismissed as to issues of service connection for dupuytren's contracture of the right hand, left hand, and back disability due to lack of evidence or procedural errors.

The Board has remanded the Veteran's claims for service connection for back, neck, left shoulder, and left hip disabilities due to a duty to assist error. The VA is required to obtain an opinion regarding the nature and etiology of these disabilities.

The Veteran's left ankle sprain and lumbosacral strain have been evaluated, with the left ankle sprain receiving a 10% rating. The lumbosacral strain received a temporary 20% rating prior to January 4, 2016, but no higher ratings are granted due to lack of marked limitation of motion.

The Board has reopened the claims for service connection for an acquired psychiatric disorder and granted them. The claim for a lumbar spine disability is being remanded due to a duty-to-assist error.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disability and bilateral lower extremity radiculopathy, finding that the evidence did not meet the criteria for a schedular rating in excess of 20 percent.

The Veteran's increased rating claim for lumbar degenerative disc disease and herniated discs with intervertebral disc syndrome is denied. The TDIU claim is also denied.

The Board found that the VA correctly withheld $1,265.12 from the Veteran's disability compensation payments to recoup her separation pay, and denied her claim for a waiver of this overpayment.

The Board has remanded the claims of service connection for low back and right hip disabilities due to inadequate medical opinions in previous examinations. The Veteran's lay statements regarding onset and continuity of symptoms are considered, as well as VA treatment records.

The Board has decided to remand the case due to inadequate development of evidence regarding the Veteran's back disability. The examiner must consider and discuss the Veteran’s lay statements concerning his in-service injuries, including head trauma and physical assault.

The Board has granted service connection for the Veteran's lumbar strain, finding that it had its onset during his military service.

The Veteran's TDIU was granted with an effective date of March 31, 2017. The Board found that the increase in disability occurred on this date due to his service-connected back pain.

The Board has remanded the claims for service connection for DDD of the lumbar spine and radiculopathy of the bilateral lower extremities, including as secondary to DDD of the lumbar spine. The Veteran's complaints of recurrent back pain in April 1991 are being evaluated for their potential relation to current DDD, and a VA medical opinion is needed regarding whether the radiculopathy had its onset during service or is related to service-connected conditions.

The Veteran is seeking clothing allowances for knee and back braces due to service-connected disabilities. The Board has granted allowances for the use of left and right knee braces but remanded the issue regarding a back brace.

The Veteran's appeals for higher disability ratings for cervical and lumbar spine degenerative disc disease have been dismissed as the Veteran withdrew his appeal prior to a Board decision.

The Veteran's claims for specially adapted housing and special home adaptation grants were denied as she does not meet the criteria for eligibility based on her service-connected disabilities.

The Board has remanded several issues related to service connection, including for erectile dysfunction, sleep apnea, and a headache disorder. The effective dates for the grants of service connection are not specified as they are pending.

The Veteran's right turf toe is related to service and granted service connection.,Secondary service connection for the Veteran's right knee, left knee, lower back condition, neck condition, right ankle condition, tingling and numbness in fingers and toes, and chronic headaches and dizzy spells are denied as there is no current disability during the appeal period.