Back / lumbar spine decisions — 2020

The Veteran's appeal for increased ratings for his service-connected bilateral hearing loss, gouty arthritis of the right ankle and bilateral first metatarsophalangeal joints, lumbar spine disability, and bilateral plantar spurs is being remanded due to inadequate examination reports. The VA will schedule new examinations to determine the current severity of these conditions.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, which corresponds to a moderate limitation of motion. The appeal has been denied as the evidence does not support an increase in rating beyond this level.

The Veteran's claim for arthritis of the joints, excluding bilateral knee arthritis is denied as there is no evidence that these conditions began during service or are otherwise related to an in-service injury or disease.,The Veteran's claim for a back disability is denied as there is no evidence that this condition began during service or is otherwise related to an in-service injury or disease.

The Veteran's respiratory or breathing disorder is not shown to be causally related to his military service.,VA treatment records show the Veteran has a history of back pain and bowel/bladder issues, but these are not linked to VA care.

The Board has reopened the claims for service connection for a back disability and hemorrhoids, but has determined that further development is needed to address the remaining issues of service connection for lumbosacral spine disability, left leg disability (including radiculopathy and leg shortening), forehead scar, and psychiatric disability. The decision on these issues will be remanded.

The Veteran's appeal for service connection of a lower back disorder has been dismissed due to the death of the appellant.

The Veteran withdrew his appeals regarding increased ratings for back and right knee disabilities, as well as the TDIU prior to September 29, 2015.

The Veteran's lumbar strain is rated at 40 percent and no higher, with separate ratings of 10 percent for radiculopathy of the right lower extremity from June 23, 2010, and for radiculopathy of the left lower extremity from that date. The Veteran's pseudofolliculitis barbae is rated at a non-compensable level.

The Board has remanded several issues related to the Veteran's service connection claims due to additional evidence being added to the record.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence linking his current condition to his military service.

The Board has remanded the case due to deficiencies in the December 2019 VA examination and June 2020 VA addendum opinion, which do not substantially comply with the September 2019 Board remand directives. The Veteran is entitled to a retrospective medical examination conducted in accordance with 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has denied service connection for Parkinson's disease, diabetes mellitus type II, and nonproliferative diabetic retinopathy with senile cataracts and refractive error as the evidence does not support a nexus to military service.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine degenerative disc disease, left and right ankle traumatic arthritis, and left shoulder arthritis due to incomplete examination reports and lack of information on flare-ups or associated objective neurologic abnormalities.

The Veteran's service connection claims for various conditions have been denied as there is no competent evidence showing that these conditions were incurred or aggravated during a period of honorable service.

The Veteran's service-connected disabilities, including right lumbar radiculopathy, left lower extremity radiculopathy, lumbar strain, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. The Board has referred the case for extra-schedular consideration as it may be sufficient to warrant an extraschedular TDIU.

The Board has withdrawn the appeal for service connection of a back disability and remanded the issues of entitlement to higher ratings for PTSD and TDIU.

The Veteran's claims for increased ratings for his low back disability and associated radiculopathy were denied. The criteria for higher ratings were not met in any of the periods specified.

The Board has determined that the Veteran's low back disability and bilateral lower extremity radiculopathy were not caused by VA clinicians' improper diagnosis or lack of treatment, but rather were due to a reasonably unforeseeable event during surgery. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current lumbosacral strain condition is related to his in-service back injury. The Veteran served in a designated imminent danger area and is presumed to have suffered an injury during combat.

The Board has granted service connection for degenerative joint disease (DJD) of the neck, low back, and traumatic brain injury (TBI), finding that these conditions are at least as likely as not related to the Veteran's inservice assault incident.