Back / lumbar spine decisions — 2020

The Board has decided to remand the Veteran's claim for service connection of his low back disability due to incomplete compliance with previous remands and need for additional medical opinions.

The Board has granted service connection for a back condition and a neck condition. Service connection for nerve damage as secondary to the back and neck conditions is remanded.

The Veteran's sinusitis is granted service connection. The Veteran's lumbar spine degenerative arthritis is granted a 40% rating prior to January 5, 2017 and denied for higher ratings thereafter. The Veteran's cervical spine strain is denied for higher ratings.

Effective October 26, 2010, service connection for left upper extremity radiculopathy is granted. The Veteran's cervical spine disability and DJD of the thoracolumbar spine are rated at 40 percent.

The Board denied the Veteran's claims for service connection for lumbosacral plexopathy with nerve damage and a bilateral foot disorder, finding that there was no direct or secondary service connection based on exposure to herbicide agents. The Board also found that the Veteran did not have early-onset peripheral neuropathy.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and private medical records.

The Veteran's claim for service connection for prostate cancer was remanded due to exposure at Camp LeJeune. The Board also remanded the issue of increased evaluation for his lumbar spine disability, which is pending.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of such conditions during or within one year after service, and the preponderance of the evidence does not support a finding that any current disabilities are related to service.

The Veteran's lumbar spine disability is rated at 10 percent for the period prior to August 6, 2019 and a rating of 40 percent is granted thereafter. Separate ratings are also granted for left and right lower extremity sciatic nerve radiculopathy.

The Veteran's paresthesias of the trunk and left arm numbness are granted as service-connected due to continuity of symptoms since service.

The Veteran's claim for an increased rating prior to August 4, 2011 was denied as the disability did not meet the criteria for a higher evaluation based on the range of motion and other symptoms.

The Board has remanded the claims of service connection for diabetes mellitus and a low back disability due to insufficient medical evidence. The Veteran's current diagnoses are diabetes mellitus and a low back disability, both claimed as incurred during his period of active service.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and sciatica of the left leg, as well as his claim for TDIU prior to March 2, 2018. Additional development is required including obtaining service treatment records, personnel records, updated VA treatment records, and addendum medical opinions.

The appeal for an increased rating for tinnitus is dismissed. The October 2014 Notice of Disagreement was timely regarding the November 2013 and February 2014 rating decisions, but the June 2018 NOD was not valid as it raised issues that had never been adjudicated before.

The Board has determined that the Veteran's current low back disability, including intervertebral disc syndrome and lumbar degenerative disc disease, is related to service. The decision grants service connection for these conditions.

The Veteran's dizziness associated with his service-connected disabilities is remanded for further evaluation and clarification of whether the episodes include occasional staggering.

The Board has reopened the Veteran's claims of service connection for left knee, right leg, and back disabilities due to new evidence submitted since the final decisions. The claims are now pending for further adjudication.

The Board has found that additional development is needed for the Veteran's claims of increased rating for low back strain and service connection for left lower extremity radiculopathy. The case is being remanded to obtain updated VA treatment records, provide a new peripheral nerves examination with diagnostic testing, and address the etiology of the Veteran's left lower extremity symptoms.

The Board has remanded the Veteran's claims of service connection for bilateral shoulder, knee, and lumbar spine disabilities due to inadequate VA opinions in previous remands.

The Board has restored service connection for Other Specified Trauma and Stress-Related Disorder (OSTSRD) effective February 2, 2016. The issues of service connection for right shoulder disability, cervical spine disability, lumbar spine disability, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy are remanded.