Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection for various disabilities, including right knee disability, low back disability, left foot disability, bronchitis, sinusitis, and headache. The case is returned to the AOJ for additional development.

The Board denied the Veteran's claim for an earlier effective date for special monthly compensation based on regular aid and attendance, finding that his service-connected disabilities did not render him helpless enough to require such assistance prior to May 18, 2017.

The Board has remanded the claims for an extraschedular rating for lumbosacral strain and a TDIU due to service-connected disabilities. The back claim is being remanded for a medical opinion on whether the dizziness experienced by the Veteran is related to his medication for the service-connected condition, or if it represents a separate disability.

The Board has decided to remand the case due to inadequate prior examinations and failure of the Veteran to report for a scheduled VA examination. The Veteran is required to be examined by a VA examiner to determine if his current lumbar spine disorder, including arthritis shown on X-ray studies, is related to service or caused by his service-connected right knee disability.

The Board has remanded the case due to insufficient explanation for denying a higher initial rating for low back strain with degenerative disc disease prior to April 18, 2017. The Veteran needs a retrospective VA examination to assess functional impairment during flare-ups.

The Board has remanded the Veteran's appeals for increased evaluations of his service-connected low back disability and right knee disabilities due to procedural and evidentiary inadequacies. The AOJ is required to obtain updated VA treatment records, request private health care provider records, and schedule a retrospective examination.

The Veteran's claim for a higher rating for his low back disability was denied. The Board found that the evidence did not meet the criteria for an increased rating, as there were no findings of unfavorable ankylosis or incapacitating episodes lasting at least six weeks during the past twelve months.

The Veteran's claim for a higher rating for his low back disability, which was previously rated at 20 percent prior to May 19, 2017 and then increased to 40 percent from that date, has been denied.

The Board denied service connection for various conditions, including right and left elbow conditions, obstructive sleep apnea, knee conditions, ankle conditions, shin splints, and low back condition. The decision also noted that the Veteran's PTSD has been granted with an initial rating of 70 percent since September 20, 2013.

The Board has granted service connection for a low back disability, but the bladder cancer claim is remanded due to insufficient evidence.,Service connection for bladder cancer cannot be established based on presumed exposure to herbicides.

The Veteran's bilateral pes planus, lumbar spine disability, right leg condition, and left shoulder disability have been granted service connection. The effective date for the grant of service connection for bilateral pes planus is set at February 10, 2015.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine has been rated at 20 percent prior to March 14, 2020 and increased to 40 percent thereafter. The claim is remanded for further development.

The Board denied the Veteran's claims for service connection for a low back disorder and left ear hearing loss, finding that the conditions were not related to his military service.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disability and a low back disability. However, these claims are still pending as they have been remanded due to insufficient evidence in the March 2011 examination report.

The Board has reopened the claim for service connection for lumbar spine DDD and granted it, finding that there is new and material evidence showing a nexus to in-service military training. The Veteran's current lumbar spine arthritis and DDD with radiculopathy are presumed related to his active duty service.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, lower back disability, bilateral hip disability, hepatitis C, and migraines due to a lack of evidence linking these conditions to his military service.

The Board has decided that the Veteran's claims for service connection for bilateral knee disabilities and a low back disorder should be remanded due to inadequate medical opinions.

The Board denied the Veteran's claim for service connection for degenerative arthritis of the spine, spondylolisthesis, and lumbosacral spine strain with bilateral radiculopathy (claimed as sciatic nerve condition), finding that there was no nexus between his current conditions and his military service.

A disability rating of 40 percent but no more, prior to January 15, 2020, for a lumbar spine disorder is granted.,A disability rating in excess of 40 percent since January 15, 2020, is denied. The Veteran's right lower extremity radiculopathy has been rated at 10 percent prior to January 15, 2020 and is not on appeal.

The Board has granted service connection for an upper back disability, but denied service connection for left knee, right knee, and right hip disabilities.,There is no current evidence of a left or right knee disability at any time during the pendency of the appeal.