Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection for a back condition, sleep apnea, and chest pains due to additional evidentiary development being necessary. The TDIU claim is also remanded.

The Board has granted service connection for a lumbar spine disorder, finding that the Veteran's active duty service contributed to her disability and resolving all doubt in her favor.

The Board denied service connection for various conditions including pancreatic disorder, chronic fatigue syndrome, low back disorder, bilateral hand and knee disorders, antiphospholipid syndrome, fibromyalgia, obstructive sleep apnea, headaches, and diabetes mellitus. The evidence did not support a nexus to service.

The Board has remanded the case due to deficiencies in the VA examination and opinion regarding the nature and etiology of the Veteran's lumbar spine disability, as well as its relationship to his service-connected bilateral ankle and left knee conditions.

The Board has denied service connection for lumbar spine, thoracic spine, bilateral hip, neurological disability of upper extremities, and neurological disability of lower extremities as these conditions are not attributable to service or caused by the service-connected right knee disability.

The Veteran's initial claim for a higher rating for his low back disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to November 16, 2014 and from November 16, 2014.

A 30 percent rating for left knee DJD status post fracture of the left fibula and tibia is granted, along with a separate 10 percent rating for instability of the left knee. The issues regarding secondary service connection for hip, back, and right knee conditions are also addressed.

The Board has granted a higher rating of 20 percent for radiculopathy of the left lower extremity, while other issues remain pending and are remanded.

The Veteran's lumbar spine disability was rated at 10% prior to August 22, 2017. The cervical spine disability was initially rated at 10%, and then increased to 20% effective August 22, 2017.,After August 22, 2017, the Veteran's cervical spine disability did not meet the criteria for a higher rating under VA regulations. The lumbar spine disability was rated at 10% prior to August 22, 2017 and remains at that level after August 22, 2017.,The Veteran’s right lower extremity radiculopathy is granted a separate 10% rating from August 1, 2019. The left lower extremity radiculopathy was not separately rated.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that his current condition is related to his active duty service.

The Board has granted service connection for the Veteran's right elbow condition and low back pain, finding that these conditions had their onset during his military service. The claim for dental condition was denied as it is not included under applicable VA compensation codes.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted. The Veteran's claims for a compensable disability rating in excess of 20 percent disabling for degenerative joint disease, lumbar spine and service connection for a cervical spine condition are dismissed.

The Veteran's initial 20% rating for degenerative disc disease with spina bifida occulta is granted prior to December 10, 2013. A higher rating is not warranted.

The Board has denied the Veteran's claim for service connection for a chronic low back disorder, finding that there is no evidence of an in-service injury and insufficient continuity of symptoms to establish service connection. The VA examiner opined that the current condition was not related to service.

The Veteran was granted TDIU for the period from January 28, 2008 to October 18, 2017.,SMC is remanded as there is no effective date provided.

The Board has remanded the cases due to insufficient development and examination, including missing private treatment records and an addendum VA medical opinion for the low back disorder. The examiner must address the Veteran's lay statements regarding his in-service injuries and current symptoms.

The Board has remanded the cases for further development, including scheduling VA examinations and obtaining medical opinions. The Veteran's service connection claims are not related to a presumption like PACT Act or Agent Orange.

The Board has denied service connection for a back disability, finding that there is no evidence of an in-service injury or disease and no continuity of symptomatology since separation from service. The Veteran's current diagnosis was not linked to his military service.

The Veteran's claims for chronic fatigue with sleep disturbances and degenerative disc disease (DDD) cervical spine are denied as there is no diagnosed disability related to service.,There is no evidence of a diagnosed condition in the service treatment records or subsequent medical records. The VA examiner concluded that the current conditions are not related to military service.

The Board has remanded the case due to outstanding private treatment records for spinal fusion, L-5 to sacrum with transitional lumbosacral vertebrae. The Veteran needs to provide correct information and authorization for these records.