Back / lumbar spine decisions — 2020

The Veteran's appeal for high white blood cell count service connection was dismissed.,Initial disability evaluations of 20 percent were granted for degenerative disc disease, left lower extremity sciatic radiculopathy, and right lower extremity sciatic radiculopathy prior to March 23, 2016.

The Board has dismissed all appeals for service connection for various conditions, including vertigo, back disability, status-post open reduction internal fixation of right hip and femur fracture, chronic headaches, cerebrovascular accident (CVA), acquired psychiatric disorder, eye disability, and skin disability, all claimed as secondary to falls caused by service-connected right knee and ankle arthritis.

The Veteran's claims for effective dates prior to January 18, 2007 for service connection of various disabilities have been denied.

The Board has decided to remand the Veteran's claim of service connection for a lower back disability, as there is insufficient evidence in the record regarding the etiology and nature of his condition.

The Board has granted service connection for the Veteran's right knee, back, and TBI disabilities on a secondary basis. Service connection is also granted for his right hip, left hip, and sinus disabilities, but not for his right eye or kidney disabilities.

The Veteran has withdrawn his appeals regarding all of the remaining issues, including increased ratings for TBI and migraine headaches, as well as service connection claims for various disabilities. The Board does not have jurisdiction to review these claims.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his service-connected degenerative arthritis of the cervical spine and lumbosacral strain due to inadequate examinations. The Veteran is required to undergo new VA examinations that address the current severity of his disabilities, including a discussion of his symptoms and limitations.

The Veteran's death was not caused by any service-connected disabilities, and the preponderance of evidence does not support a finding that he needed regular aid and assistance due to his service-connected conditions.

The Board has granted the Veteran's application to reopen his claim of service connection for a low back disability, finding that new and material evidence supports a relationship between the Veteran's current condition and an injury during ACDUTRA service. Service connection is granted.

The Board has denied the Veteran's claims for service connection for a left ankle disability and a low back disability, finding that there is no evidence of current disabilities or a nexus to active service.

The Veteran's claims for higher disability ratings for his lower back and right knee disabilities are remanded due to inadequate VA examinations. A new examination is required to assess the current severity of these conditions.

The Board has granted service connection for left knee disorder, right knee disorder, and lumbar spine disorder. The Veteran's combined disability rating is at least as high as the schedular requirement for a TDIU.

The Veteran's service-connected disabilities do not result in a loss or loss of use other than an upper extremity, and he is not service-connected for a severe burn injury or amyotrophic lateral sclerosis. The Board finds that the Veteran does not meet the criteria for eligibility for specially adapted housing or special home adaptation.

The Veteran's claims for service connection have been remanded due to pre-decisional duty to assist errors, including failure to obtain SSA records and VA treatment records. The Veteran was also provided with a new examination for his claimed GERD and sinus conditions.

The Veteran's thoracolumbar strain was restored to a 20% rating effective March 5, 2019. The ratings for right and left foot calcaneal spurs with metatarsal proximal osteoarthritis remain at 10%. Further development is needed for the right and left foot conditions.

The Veteran's low back disability, which includes degenerative disc disease with arthritis, is considered to have started during service and thus service connection is granted.

The Board has remanded the claims for bilateral leg twitching, back disability, left knee disability, skin disability, and speech impediment due to insufficient evidence regarding their etiology or relationship to service.

The Board has remanded the case due to insufficient medical opinions regarding service connection for a low back disorder, including whether it is related to service-connected diabetes mellitus type II and/or gouty arthritis of the left foot, great toe. The VA examiner must address whether the Veteran's coccygeal fracture preexisted his active duty service and if so, whether there was an increase in severity during service or if it is otherwise related to an event, injury, or disease incurred during service.

The Board has denied the Veteran's claims for service connection for left knee disability, congenital kidney disability, bilateral wrist disability, back disability, leg pain in left lower extremity, and leg pain in right lower extremity. The cases are being remanded due to inadequate VA examinations.,Service connection is not granted as there is no evidence of a current disability related to service for the Veteran's left knee disability, congenital kidney disability, bilateral wrist disability, back disability, leg pain in left lower extremity, and leg pain in right lower extremity.

The Veteran's claim for service connection for a bilateral elbow disability is denied. The appeal seeking an increased rating for his low back disability is also denied.