Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings for various service-connected conditions, including cervical spine degenerative disc and joint disease, early degenerative disc disease of the lumbar spine, radiculopathy of the right lower extremity, right knee strain, status post AC joint separation, right shoulder, right ankle strain, status post left wrist arthrotomy, scapholunate ligament reconstruction without Blatt capsulodesis, and dislocation of the left fourth extensor tendon, have been denied. The Veteran's claims for a compensable rating for sprained right thumb with metacarpophalangeal joint instability, right 4th digit, status post fracture, with deformity of terminal phalanx, are also denied.

The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran's representative withdrew all issues on appeal in a September 2020 correspondence.

The Board denied service connection for low back, neck, and right elbow disabilities due to lack of evidence linking these conditions to service.

The Board has granted service connection for right shoulder radiculopathy, but denied service connection for an upper back disability.,Service connection was granted for the Veteran's right shoulder radiculopathy as secondary to his service-connected cervical spine disability.

The Veteran's service-connected disabilities, including his lumbar spine disorder and GERD, prevented him from securing or following a substantially gainful occupation prior to January 12, 2018. The issue of service connection for GERD secondary to the lumbar spine disorder is remanded.

The Board has remanded the cases of cervical spine and left hip greater trochanteric bursitis for additional development, including new VA examinations to address range of motion during flare-ups and repeated use over time.

The Board has granted service connection for the Veteran's right knee, left knee, and lumbar spine disabilities, finding that these conditions began during his military service.

The Board has denied service connection for right ear hearing loss and left ear hearing loss due to lack of a current diagnosis. The Veteran's flat feet are remanded as the VA examiner did not adequately address whether they were aggravated by service.,The Board has denied entitlement to a compensable disability rating for left ear hearing loss. The Veteran's flat feet are remanded as the VA examiner did not provide an opinion on their etiology.,The Board has remanded the claims of service connection for flat feet, right knee condition (secondary to service-connected left knee condition), back condition, and right shoulder condition. The right middle finger laceration residual claim is also remanded.,The VA examiner was asked to determine if the Veteran's right knee condition is secondary to his service-connected left knee condition. The examiner must provide an opinion on whether it is at least as likely as not that any currently diagnosed back, right shoulder and right shoulder scar disabilities are related to in-service injuries.,The VA examiner was asked to determine if the Veteran's right middle finger laceration residual is related to an in-service injury, event or disease. The examiner must provide an opinion on whether it is at least as likely as not that any currently diagnosed back, right shoulder and right shoulder scar disabilities are related to in-service injuries.

The Veteran's appeals of the denial of increased evaluations and service connection for various conditions have been dismissed due to his death.

The Veteran's headaches are currently rated as 30 percent disabling, but the evidence does not support a higher rating due to very frequent prostrating attacks.,The Veteran’s lumbar spine disability is currently rated as 20 percent disabling. The evidence shows that his pain and limitation of motion do not warrant a higher rating.

The Board has remanded the Veteran's claims for further development and clarification of certain issues, including whether his disabilities are related to service or if they were aggravated by service. The liver disability claim was denied as there is no evidence of a current diagnosis.

The Board has found that the Veteran's claims for service connection are inextricably intertwined with his lumbar spine and cervical spine claims. Therefore, these issues must be remanded to allow for further development.

The Veteran's claim for service connection of right eye disability was denied. The Veteran's PTSD is granted with a rating of 70 percent, but no more, prior to January 9, 2020. His claim for higher ratings for lumbar spine degenerative disc disease and related conditions remains denied.

The claim for service connection for low back condition is granted.,The claim for service connection for numbness in upper right leg is granted.,The claim for service connection for obstructive sleep apnea is remanded.

The Veteran withdrew his appeal regarding the service connection for a lower back condition, so the case is dismissed.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and medical opinions.,Specifically, the knee and ankle claims require compliance with the Court’s holding in Correia, and the bilateral elbow and ulnar nerve neuropathy claims require new medical opinions.

The Board has dismissed all claims due to the Veteran's death. The appeals are not considered for merits as they have become moot.

The Veteran's appeal was denied as the RO did not grant a compensable rating for migraines, despite the Veteran experiencing frequent and severe headaches. The highest schedular rating available (50%) was assigned.

The Veteran's right knee disability, diagnosed as osteoarthritis, status post total knee replacement, is granted service connection.,The Veteran's lumbar spine disability, diagnosed as degenerative arthritis, is granted service connection.

The Board has remanded several issues related to the Veteran's spinal and nerve conditions due to outstanding VA treatment records and conflicting evidence regarding the nature and severity of his right lower extremity neuropathies.