Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for low back, right shoulder, and left shoulder disabilities due to conflicting medical opinions regarding their relationship to service-connected knee disabilities.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a higher evaluation based on limitation of motion or incapacitating episodes.

The Board denied a rating in excess of 10 percent for the Veteran's chronic low back strain, finding that his range of motion did not meet the criteria for a higher rating.

The Board has dismissed the Veteran's appeals on all issues related to service connection and increased ratings, as the appellant requested withdrawal of his appeal.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to May 1, 2013. From May 1, 2013 to October 20, 2013 and from January 1, 2014 to January 9, 2014, the Veteran was granted a TDIU based on his service-connected disabilities.

The Veteran's lumbosacral strain to include spinal stenosis is rated at 40 percent from August 27, 2018 to April 26, 2019. Since April 26, 2019, the rating for this condition has been denied as it does not meet the criteria for a higher evaluation.

The Board has remanded the claims for service connection for low back, left shoulder, right knee, and left knee disabilities due to a lack of adequate medical opinions regarding their etiology. The Veteran is also being asked to provide additional VA treatment records.

The Board has remanded the case due to inadequate medical opinions and a need for a new VA examination. The Veteran's lumbar strain with degenerative changes is currently rated at 10 percent prior to July 1, 2014 and 20 percent after that date.

The Board has remanded the Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as his right lower extremity sciatica. The remand includes obtaining clarification regarding the nature of the Veteran’s IVDS episodes and any physician-prescribed bedrest due to his spinal conditions.

The Veteran's claim for bilateral sensorineural hearing loss and lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome was denied. The Board found that there is no evidence to support a finding that the current disabilities are related to service, resulting in denial.

The Board has remanded the claims for service connection for a heart disability, prostate cancer, and back disability due to new evidence received from the appellant's National Guard service.

The Veteran's TDIU claim is granted effective January 1, 2020. The initial rating claims for knee and back disabilities are remanded due to the need for additional medical opinions.

The Veteran's lumbar spine disability is currently rated at 10 percent, but the Board finds that it does not warrant a higher evaluation as there was no evidence of ankylosis or incapacitating episodes during the appeal period.

The Board has determined that the Veteran's low back disability, characterized as lumbar strain, muscle spasms and degenerative disc disease, is proximately due to or the result of his service-connected ankle and knee disorders. Therefore, service connection for this condition secondary to service-connected disabilities is granted.

The Veteran's appeal for his son D.A. as a 'helpless child' on the basis of permanent incapacity for self-support prior to attaining age 18 is dismissed due to the Veteran's withdrawal.

The Board has denied the Veteran's claims for service connection for a cervical spine condition, thoracolumbar spine condition, and left shoulder disability as there is no evidence of a nexus between these conditions and his military service.

The Veteran's lumbar spine degenerative arthritis resulted in abnormal gait prior to November 26, 2014.,For the entire period on appeal, the Veteran's lumbar spine degenerative arthritis did not meet criteria for a disability rating in excess of 20 percent.

The Board has decided to remand the cases of bilateral hearing loss and low back disability for further development. The Veteran's claims will be reviewed again after additional examinations are conducted.

The Veteran's service-connected disabilities, including a left ischium fracture and associated psychiatric disorder, right patellofemoral syndrome, left thigh strain, right pes planus and plantar fasciitis, varicose veins, lumbar spine disability, left knee disability, and left foot disability, have been found to meet the criteria for a combined rating of 60 percent. As such, he is granted service connection for these conditions.

The Veteran's back disability is currently rated at 20 percent from December 6, 2018. The Board has decided to remand the case for further development and evaluation of her claim prior to that date.