Back / lumbar spine decisions — 2020

The Veteran's back disability and its neurological residuals have been granted initial evaluations of 20 percent, effective from July 19, 2010. The ratings for the lower extremity radiculopathies remain at 10 percent.

The Veteran withdrew his appeals for service connection and increased ratings for various disabilities, including left ankle disorder, cervical spine disability, lumbar spine disability, hypertension, right wrist disability, left-hand disability, stress fracture of the mid right anterior tibia with traumatic arthritis, right proximal dorsal foot, left mastoidectomy with tympanoplasty, hemorrhoids, bilateral hearing loss, and radiculopathy of the lower extremities.

Service connection is granted for acne rosacea, bilateral pes planus, and a bilateral foot disorder other than pes planus. The Veteran's left knee, right knee, right hip, back, and obstructive sleep apnea disorders are being remanded for further evaluation.,The Veteran's atrial fibrillation is also being remanded.

The Veteran's disability rating for lumbar radiculopathy, right lower extremity was reduced from 60 to 10 percent effective September 3, 2019. The Board finds that the reduction was improper and restores the prior 60 percent rating.

The Board has denied the Veteran's claims of service connection for headaches, low back disability, right knee disability, and acquired psychiatric disorder due to lack of evidence showing a direct link between these conditions and his military service.

The Veteran's thoracolumbar spine degenerative arthritis with stenosis, depressive disorder and anxiety, and cervical spine degenerative arthritis with spondylosis have been granted service connection. The Veteran's cervical spine degenerative arthritis with spondylosis is denied.

The Board has granted service connection for a cervical spine disability but remanded the issue of service connection for a thoracolumbar spine disability due to insufficient evidence.

The Veteran's degenerative disc disease of the thoracolumbar spine is found to have been incurred during service.

The Board has remanded the case due to a duty-to-assist error in previous examinations, and the Veteran needs a new VA spine examination to correct deficiencies with regard to Correia v. McDonald.

The Veteran's claims for lumbosacral strain, radiculopathy of the right arm and left arm (peripheral neuropathy), and anterior cervical discectomy and fusion spanning C5 to C7 are remanded due to a duty to assist error. The AOJ must obtain all identified private treatment records.

The Board has determined that the reduction in rating for service-connected degenerative disc disease and spondylosis to 20 percent effective November 1, 2019 is improper. The Veteran's 40 percent rating is restored. Additionally, the Board has remanded the issues of entitlement to service connection for bilateral hearing loss and tinnitus.

The Veteran's appeals have been dismissed as he has withdrawn his appeal through his authorized representative.

The Board has granted service connection for degenerative joint disease of the left hip, right hip, left knee, and back. The decision affirms that these conditions are related to the Veteran's active military service.

The Board denied the Veteran's claims for service connection for prediabetes, allergic rhinitis, helicobacter pylori, hypertension, osteoarthritis, a back disability (secondary to bilateral foot disability), and right and left knee disabilities. The effective dates were not addressed as they are not relevant to the disposition.

The Veteran's claim for a higher rating for his lumbar spondylosis with degenerative joint disease and lower extremity radiculopathy is granted. The TDIU claim is remanded due to the need for additional information on employment history.

The Board has determined that the Veteran's right knee/leg and low back disabilities, as well as his headaches and sleep disturbance, may be related to service. The claims are being remanded for further examination and etiology opinions.

The Board has remanded the Veteran's claims for bilateral hearing loss and a back disorder due to inadequate opinions regarding their etiology. The case will be returned for further development.

The Board has remanded the Veteran's claims for a left hand disability and lumbar spine disability due to insufficient medical opinions regarding their etiology. The Veteran is seeking service connection for these conditions, which are currently considered direct service connection cases.

The Veteran's low back disability is rated at 40 percent, effective December 15, 2011. The right knee disability has been granted service connection.

The Board has remanded the case due to insufficient examination and development of records, particularly regarding the Veteran's reports of pain and functional impairment.