Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims for service connection for his neck disability, finding that there was no medical evidence establishing a correlation between his cervical spine condition and his service-connected lumbosacral strain. The Board also found insufficient evidence to support direct or presumptive service connection.

The Veteran's lumbar spine disability, which manifested with functional loss due to pain and was rated at 20 percent since May 20, 2009, is now granted at a higher 40 percent rating effective from that date.

The Board has dismissed the appeal regarding the Veteran's request to reopen a claim of service connection for a left shoulder disability. The claims for service connection for right and left knee disabilities, lumbar spine strain, and bilateral hearing loss are remanded due to insufficient evidence.

The Board has determined that additional development is needed to properly assess the Veteran's service-connected lumbar spine disability and radiculopathy of the left lower extremity. The case will be returned for further action.

The Board has remanded the Veteran's claims for increased ratings for his service-connected cervical spine and back disabilities, as well as a claim for TDIU. The appeals are now before the RO for further development.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to September 18, 2006, and in excess of 20 percent disabling on and after September 18, 2006, for lumbar spine degenerative disc disease and degenerative joint disease. The TDIU claim is also remanded.

The Veteran's lumbar strain with degenerative disc disease L5-S1 disc herniation was rated at 10 percent, but the Board found that his symptoms did not meet or approximate the criteria for a higher rating based on limitation of motion.

The Board has determined that the Veteran's current back disability began during his service and grants service connection for this condition.

The Board denied service connection for a lumbar spine disability, including degenerative disk disease (DDD), and a cervical spine disability, including DDD. The Veteran's current hip replacement was also not found to be related to service.,Service connection was denied as there is no evidence of chronic low back or cervical spine disabilities during service or within one year post-service, and the medical evidence does not support a link between these conditions and service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his service-connected degenerative arthritis, lumbar spine, with painful motion and for entitlement to TDIU due to inadequate VA examination findings. The Veteran is required to provide updated VA treatment records, complete and submit a VA Form 21-8940, and provide completed VA Forms 21-4192 from his identified employer(s).

The Board has determined that the Veteran's low back disability is related to his military service, and thus grants service connection for this condition.

The Board has reopened the Veteran's claims for service connection for various conditions, but has found that additional development is needed due to the complexity of the issues and potential overlap between some of them.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his time in prison. The AOJ is instructed to obtain all relevant medical records, including those from June 1988 to December 1990 and February 1995 to the present.

The Veteran's low back disability was granted service connection, and her right ankle disability is currently rated at 10 percent. The issues of entitlement to an initial rating in excess of 10 percent for the right ankle disability (excluding a period of a temporary total rating due to a convalescence) and service connection for a right foot disability are remanded.

The Board has decided to remand the case due to insufficient reasons and bases in the previous decision, specifically regarding the credibility of the Veteran's lay statements about his back issues during service.

The Veteran's claim for an increased rating for tension headaches was denied as the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's anxiety disorder was rated at 50 percent, which is the highest schedular rating available under Diagnostic Code 9413.

The Board denied a rating in excess of 40 percent for the Veteran's lumbosacral spine spondylolisthesis (anterolisthesis) due to lack of evidence showing unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating.

The Veteran's degenerative joint disease of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the right lower extremity associated with DJD of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's radiculopathy of the left lower extremity associated with DJD of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's thoracolumbar spine disability is currently rated at 40 percent, but the Board finds that there is no evidence of unfavorable ankylosis or incapacitating episodes warranting a higher rating. The appeal for extraschedular consideration related to TDIU remains unresolved.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his National Guard and Army Reserve periods of service. The claims will be returned for further development.