Back / lumbar spine decisions — 2020

The Board denied service connection for hypertension and low back disability, finding that the evidence did not support a link to service or a service-connected condition.

The Board has granted service connection for the left dorsal olecranon enthesophyte of the elbow, finding that it began during active service. The other issues are remanded for further development.

The Board has denied service connection for back, left knee, right knee, left shoulder, and right shoulder conditions as there is no evidence linking these disabilities to the Veteran's military service.

The Veteran's degenerative disc disease with sacroiliac joint osteoarthritis and lumbar intervertebral disc syndrome was manifested by limitation of motion to 50 degrees of forward flexion, resulting in a combined range of motion of 125 degrees. The Board found that the disability did not meet or approximate criteria for a higher rating as it did not result in forward flexion of the thoracolumbar spine to 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine.

The Veteran's degenerative disc disease of the lumbar spine was rated at 20 percent prior to January 22, 2016. The Board found that his disability did not meet or approximate criteria for a higher evaluation.

The Board dismissed the appeals for service connection of various conditions due to the Veteran's death.

The Board has remanded the case due to incomplete development, specifically a need for a retrospective medical opinion regarding the severity of the Veteran's service-connected low back disability prior to August 2005.

The Board has remanded the claim for service connection for residuals of a low back injury due to the need for an addendum opinion addressing the etiology of the Veteran's back disorder.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's low back disorder is at least as likely as not caused or aggravated by his service-connected left and right knee disabilities. The examiner must reconcile notations of abnormal gait with objective findings.

The Board dismissed all claims due to the Veteran's death, as they have no jurisdiction to adjudicate the merits of these claims on appeal at this time.

The Board has remanded the case due to incomplete records and needs further development, including obtaining medical treatment records from the Palm Beach County Department of Corrections.

The Board has denied the Veteran's claims for service connection of a bilateral knee disability, low back disorder, and bilateral leg condition. The case is remanded to obtain additional medical opinions regarding these issues.

The Veteran's claims for earlier effective dates and increased ratings were denied. Service connection was granted for bilateral hip, knee, and ankle disabilities.

The Veteran's claim for a higher rating for his lumbosacral spine disability prior to January 23, 2020 was denied.,A 60 percent rating was assigned effective January 23, 2020 for the Veteran's lumbosacral spine disability due to incapacitating episodes. The claim for a higher rating since that date remains denied.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence to support the notion that the current degenerative disc disease and arthritis of the spine were incurred in or caused by any activity during active duty service.

The Board has remanded the case due to noncompliance with prior remand instructions, specifically regarding obtaining a medical nexus opinion from a physician rather than a nurse practitioner.

The Board has remanded the claims for further development due to inadequate examination reports and failure to comply with prior remand instructions.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including severance of service connection for radiculopathy and ratings for back strain and knee conditions.

The Veteran's moderate facet arthropathy of the lumbar spine claimed as lower back spasm is rated at 20 percent from August 10, 2015 to March 18, 2019 and denied for an increased evaluation.

The Veteran's claim for sleep apnea is reopened, and the Board has remanded his claims for PTSD with TBI, right knee internal derangement, and degenerative disc disease. A VA examination will be required to determine the current severity of these conditions.