Back / lumbar spine decisions — 2020

The Veteran's claim for a rating in excess of 60 percent for degenerative joint disease of the lumbar spine with IVDS is denied. The current 60 percent rating represents the maximum available under Diagnostic Code 5243, as unfavorable ankylosis of the entire spine is not shown.

The Board denied service connection for a low back disability, finding that the evidence did not support a link between current symptoms and service. The examiner concluded that the Veteran's current condition was more likely due to natural aging processes rather than in-service injuries.

The Board has denied an initial compensable disability rating for chronic sinus congestion and allergic rhinitis, but has remanded the issues of service connection for a back disability and gastroesophageal reflux disease (GERD).

The Board denied a rating in excess of 40 percent for the Veteran's back disability, but granted separate ratings of 10 percent for right and left lower extremity radiculopathy.

The Board has denied the Veteran's claims for service connection for thoracic strain, cervical spine degenerative disc disease (DDD), and left ankle strain as there is no evidence of a nexus between these conditions and his military service.

The Board dismissed the appeal as there were no allegations of error in the rating decisions for a lumbar spine disability and SMC at the housebound rate.

The Board has denied the appellant's claims of service connection for a back disability, left shoulder disability, residuals of kidney cancer, and gout. The evidence does not support finding that these conditions are related to his military service.

The Board has determined that the Veteran's current back disability, including chronic mechanical low back syndrome with degenerative joint disease of the lumbosacral spine, spondylolisthesis L5-S1 with associated bilateral spondylolysis, lumbar myositis, and intervertebral disc syndrome, is at least as likely as not related to service. As such, the claim for service connection has been granted.

The Veteran's appeal for service connection of a low back disorder has been dismissed due to the death of the Veteran.

The Veteran's lumbar strain, left knee degenerative joint disease (left knee disability), PTSD, migraine headaches, cervical spine disability, left leg shin splints, right leg shin splints, bilateral hearing loss, and TBI have been granted service connection.,An initial rating of 40 percent for traumatic brain injury (TBI) has also been granted.

The Veteran's lumbar spine DDD and IDS have been rated at 40 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal is denied.

The Board has remanded the Veteran's claims for left lower extremity radiculopathy and lumbosacral sprain with degenerative changes, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Veteran is also required to provide updated treatment records and undergo a VA examination.

The Board denied the Veteran's claims for service connection due to a lack of evidence showing a link between his current knee and back disorders and his military service.

The Board found compelling circumstances warranted the Veteran's prolonged unauthorized absence, thus finding that his character of discharge from service for the period from October 1965 to March 1973 does not constitute a statutory or regulatory bar to VA compensation benefits.

The Veteran's initial increased evaluation for degenerative disc disease with degenerative joint disease (DJD) was denied prior to May 29, 2019. From that date, a 20 percent rating is granted effective from May 29, 2019. The case is remanded due to the need for further development regarding an evaluation in excess of 20 percent.

The Board has remanded the case due to insufficient analysis regarding the Veteran's low back disorder and its relationship to service. The decision is not about service connection, but rather a need for further clarification on the nature of his condition.

The Board has granted service connection for the Veteran's back disability, finding that her current condition is at least as likely as not related to her active duty service.

The Veteran's claim for increased ratings for his lumbar spine and right knee conditions has been denied.,For the period prior to December 7, 2016, the Veteran is already receiving a 10 percent rating. For the period from December 7, 2016 through December 20, 2019, he is rated at 20 percent. From December 20, 2019 to present, his condition warrants no more than a 40 percent rating.

The Board has remanded the Veteran's claims for service connection due to incomplete records from the Puerto Rico State Insurance Fund. The Veteran is required to provide authorization and VA will request their medical records.

The Veteran's claim for an increased rating for his mechanical lumbar spine disability was denied. The Board found that the evidence did not support a higher rating as his disability did not meet the criteria for a 20 percent rating under Diagnostic Code 5237.