Back / lumbar spine decisions — 2020

The Veteran's initial disability rating for his lower back disability was denied prior to January 9, 2015. From January 9, 2015 to December 30, 2019, a 40 percent disability rating was granted. Since then, the claim for an increased rating has been denied.,The Veteran's lower back disability is rated at 40 percent since December 30, 2019.

The Board has denied the Veteran's claims for service connection for neck and back disabilities, finding that there is no evidence of a nexus between his current conditions and his military service.

The Board has decided to remand the case due to inadequate examination and needs further development, including obtaining an addendum opinion from a clinician.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his right ankle disability, as he had moderate limitation of motion and no marked limitation. His knee disabilities also did not meet criteria for higher ratings.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his current condition is related to an in-service injury while moving a generator.

The Board has determined that additional VA examinations are necessary to properly assess the Veteran's lumbar spine and left knee disabilities, as well as their impact on his TDIU claim. The case is being remanded for these purposes.

The Board has determined that the Veteran's claims for increased ratings for PTSD, thoracolumbar spine strain, and IBS require additional development due to the need for updated VA examinations.

The Board has dismissed the Veteran's applications to reopen previously denied claims of service connection for arthritis, a back disorder, schizoaffective disorder and/or bipolar disorder, and flat feet. The application to reopen the PTSD claim was also dismissed as there is no current disability remaining upon which service connection can be based.

The Veteran's PTSD, lumbosacral strain, and right foot fungus are all granted service connection. However, the Veteran is not entitled to a rating in excess of 70 percent for his PTSD.

The Board has determined that new evidence received after the April 2002 denial warrants readjudication of the claim for service connection for a back disability. The Veteran's left lower extremity radiculopathy is inextricably intertwined with this issue and must be remanded.

The Board has granted service connection for the Veteran's back condition, bilateral lumbar neuropathy sciatic nerve condition as secondary to his back condition, right hip degenerative joint disease, and left hip degenerative joint disease. The decision is based on medical evidence that supports a finding of in-service injury and current disability related to service.

The Board has remanded the case due to new evidence received, and will require an addendum opinion from a VA examiner regarding whether the Veteran's current low back condition is related to his in-service motor vehicle accident or aggravated by his service-connected cervical spine degenerative disc disease.

The Veteran's claim for CRDP payments prior to September 1, 2014 was denied. The Board also found a pre-decisional duty to assist error and ordered the RO to send the Veteran a notification letter regarding an October 2017 audit indicating he was entitled to a retroactive compensation payment of $984.00 for the period from January 2017 to May 2017.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and lumbar spine disability, finding that there is no causal relationship between these conditions and his military service.

The Veteran's service connection claims for lumbar, cervical, left lower extremity, and right lower extremity conditions are being remanded due to the need for a new VA examination to determine their etiology.

The Board has denied service connection for a right shin disability and left shin disability. The Veteran's claims of in-service injury are not supported by the evidence, which does not contain any indication that he currently suffers from these disabilities.,For his back disability, radiculopathy of upper and lower extremities, and hand disabilities, the Board has remanded the claims as there is insufficient medical evidence to determine if they are related to service.

The Veteran's service-connected disabilities have precluded her from securing and following a substantially gainful occupation, resulting in the grant of TDIU. The noninitial MDD rating claim is remanded for further examination.

The Veteran's claims for increased ratings for anxiety disorder, lumbar spinal stenosis, and bilateral lower extremity radiculopathy were denied. The Board found that the Veteran’s anxiety disorder did not meet the criteria for a higher rating as it did not cause deficiencies in most areas such as work or family relations. His lumbar spine disability was rated at 60 percent based on the old criteria, but should have been evaluated under the new General Spinal Formula which does not provide for a 60 percent rating. The Veteran's radiculopathy ratings were also denied.

The Veteran's claims for PTSD and lumbosacral strain have been granted as new evidence has been submitted that tends to prove or disprove the matters at issue.

The Board has denied service connection for all claimed disabilities, finding that there is no evidence of a current disability or a relationship to service-connected conditions.