Back / lumbar spine decisions — 2020

The Veteran's lumbosacral strain and chondromalacia of the left knee, limitation of extension, are restored to their previous ratings. The cervical strain issue is remanded for further review.

The Veteran's reduction of a 40 percent rating for service-connected degenerative disc and joint disease of lumbar spine with strain was improper, and the rating is restored to 40 percent. The claim for a disability rating greater than 10 percent for this condition is denied. TDIU benefits are granted.

The Board denied service connection for back and right hip disorders, finding that the evidence did not establish a link between these conditions and active service.

The Board has remanded the case due to insufficient information regarding the Veteran's employment history prior to June 6, 2016. The AOJ is instructed to request additional information from the Veteran about his income and earnings during relevant years.

The Board has remanded the Veteran's claims for service connection for back and right hip disabilities due to incomplete development of his medical records. The AOJ must request updated treatment records from VA facilities, including South Texas Veterans Healthcare System, and obtain any private treatment records as needed.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional examinations. The claims will be reconsidered with the inclusion of all relevant information.

The Veteran's initial ratings for degenerative arthritis of the lumbar spine, left knee degenerative arthritis, and left ankle degenerative arthritis have been denied. A separate rating of 10 percent has been granted for instability secondary to service-connected left ankle and left knee conditions.

The Board has decided to remand the claims of service connection for diabetes mellitus type II and a lumbar spine disability due to inadequate development. The Veteran's skin condition is also being remanded for an examination.

The Board has dismissed the issue of entitlement to service connection for a left knee disability due to the Veteran's withdrawal. The issues of entitlement to service connection for sleep apnea (secondary to PTSD), seborrheic keratosis, and low back disability are remanded.

The Board denied service connection for peripheral neuropathy of the right lower extremity, finding no evidence to support a diagnosis or relationship with military service. The claim for reopening of service connection for lumbar spine disability was granted due to new and material evidence.

The Veteran's major depressive disorder, along with other service-connected conditions, has resulted in a 70 percent disability rating since September 2, 2016. The Board also granted TDIU based on the Veteran's inability to maintain substantial gainful employment due to his service-connected disabilities.

The Board has remanded several issues for further examination and development, including service connection claims for various conditions and a total disability rating based on individual unemployability.

The Veteran's increased ratings for his lumbar spine and sciatic nerve disabilities from December 15, 2014 are denied. The current evaluations of 40 percent for the lumbar spine disability and 20 percent each for the right and left lower extremity disabilities are found to be appropriate based on the evidence.

The Veteran's appeal was dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal as he died during the pendency of the appeal.

The Veteran's chronic low back pain is found to have started during service and the Board grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for ventral hernia, postoperative and lumbar DJD as there is no evidence that these conditions began during service or are otherwise related to an in-service injury.

The Board dismissed the appeal due to the appellant's death, and no service connection was granted or denied.

The Veteran's claims for service connection for a left shoulder disorder and low back disorder, including left leg radiculopathy were denied as new and material evidence was not received to reopen the claims.

The Board has determined that further development is necessary to address the Veteran's claims for service connection and rating of his various conditions, including those related to his left leg thrombophlebitis with PVD.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's lumbar spine disability. The examiner did not provide a rationale for their conclusion and failed to consider the Veteran's reports about his back symptoms.