Back / lumbar spine decisions — 2020

The Veteran's left shoulder disability is denied as there is no evidence of a current disability related to service.,Diabetes mellitus, Type II with retinopathy does not warrant a rating in excess of 40 percent due to the absence of episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment for which his education and occupational experience would otherwise qualify.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent for his service-connected lumbar spine disability and left lower extremity radiculopathy due to outstanding pertinent records and a new VA examination.

The appeal for an increased disability rating higher than 40 percent for the service-connected back disability is dismissed as moot due to prior final Board decisions and subsequent Court Memorandum decisions.

The Board has determined that the Veteran's current lumbar spine disability had its onset during his military service and granted service connection for this condition.

The Veteran's claims for increased ratings for his service-connected back disability, diabetes mellitus type II, and peripheral neuropathy of the upper and lower extremities have been denied. The Board found that the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's lumbar spine spondylosis with degenerative disc disease is rated at 20 percent, the highest possible rating under VA guidelines. The Board found that the evidence did not support a higher rating based on functional loss or other criteria.

The Board has determined that additional remands are necessary for the Veteran's lumbar strain, left hip injury, and right shoulder dislocation claims due to inadequate range of motion testing in prior VA examinations.

The Board has determined that additional development is needed to support the Veteran's claims for service connection of PTSD and low back disorder. This includes obtaining missing records, verifying stressors, and scheduling examinations.

The Board denied service connection for a right shoulder condition and lumbar spine degenerative disc disease (DDD) as there was no evidence linking these conditions to the Veteran's military service.

The Board has remanded the Veteran's claims for increased ratings and SMC based on need for aid and attendance due to incomplete compliance with previous directives. The Veteran needs updated VA treatment records, an orthopedic examination, and a neurological examination.

The petition to reopen a previously denied claim for bilateral pes planus was denied. The petition to reopen a previously denied claim for a back disability was granted, and the Veteran's service connection claim for an acquired psychiatric disorder (secondary to service-connected back disability) is remanded.

The Veteran's left knee disability is currently rated at 10 percent for degenerative joint disease and a separate 10 percent rating for instability. The appeal for an increased rating remains pending.,Service connection for the low back condition and acquired psychiatric disorder (including depression and insomnia) is remanded due to incomplete information regarding service connection criteria.,The Veteran's acquired psychiatric disorder, including depression and insomnia, may be related to Gulf War service.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that this rating is not warranted due to lack of ankylosis.,The Veteran's left lower extremity radiculopathy has been rated at 20 percent since October 1, 2008 and increased to 20 percent from March 12, 2019. The Board finds this rating is appropriate given the sensory symptoms of pain, numbness, and paresthesia.,The Veteran's right lower extremity radiculopathy has been rated at 20 percent since October 1, 2008. The Board finds that a higher rating is not warranted due to lack of motor function impairment or other neurological symptoms.

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support a higher rating for low back strain or major depressive disorder.,The Veteran was service-connected for his conditions under direct criteria, meaning they were not presumed based on a specific exposure.

The Board has remanded the case due to the need for an addendum VA medical opinion regarding whether the Veteran's right knee disability is caused or aggravated by their service-connected left hip and back disabilities. The Veteran contends that their current right knee disability was caused by a landmine incident during active duty in Vietnam.

The Board denied service connection for a back disability, hypertension, and thyroid disorder. The Veteran's back disability is not shown to have had onset in service or within one year of discharge. Hypertension and thyroid disorder are not presumed due to Agent Orange exposure.,Service connection was also denied for the Veteran's hypertension as it did not manifest during service or within a post-service year, nor is there evidence linking it to service. The same applies to his thyroid disorder.,The Board found no direct link between the Veteran's current thyroid disorder and service.

The Board denied service connection for a lumbar spine disorder, finding no credible evidence linking the current condition to service.

The Veteran is granted a certificate of eligibility for specially adapted housing due to his service-connected disabilities, including coronary artery disease and type II diabetes mellitus.

The Board has denied service connection for back and neck disabilities, finding that the Veteran did not have a disease or injury during active duty that caused his current conditions. The Board also found no evidence of arthritis within one year after separation from service. As such, the claim is denied.