Back / lumbar spine decisions — 2020

The Veteran's claim for an increased rating for his chronic lumbar strain (lumbar spine disability) is denied as the evidence does not show that his condition warrants a higher rating than the current 20 percent assigned since February 19, 2019.

The Veteran's claims for increased ratings have been remanded due to the need for additional development.,His left foot bunionectomy and residual scar are currently rated appropriately, with no higher schedular rating being warranted.

The Veteran's left foot condition is currently rated at 30 percent, which is the maximum rating under Diagnostic Code 5284. The Veteran does not meet the criteria for a higher rating as her symptoms do not result in actual loss of use of the foot.,For the period prior to August 6, 2019, the Veteran's lower back disability is rated at 20 percent based on forward flexion being greater than 30 degrees but not more than 60 degrees. After August 6, 2019, her disability is rated at 40 percent due to a combined range of motion less than 120 degrees.

The Board has granted a 10 percent rating for the Veteran's back disability from December 18, 2012 to November 9, 2014. The claim of entitlement to a higher rating than 20 percent for the same condition is remanded.

The Veteran's claim for a higher disability rating for chronic low back strain was denied by the Board, as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's petition to readjudicate his claim of entitlement to service connection for an ingrown great toenail is denied because new and relevant evidence has not been received. The claim for service connection for a low back disability also is denied due to the Veteran failing to report for a required examination.

The Veteran's IBS, RUE CTS, lumbar spine disability, right and left ankle disabilities, right knee disability, left knee disability, left foot disability, right wrist disability, left wrist disability, right shoulder disability, left shoulder disability, right elbow disability, and disability affecting the right hand/fingers are all granted as service-connected. The Veteran's sleep disorder is also granted as service-connected.

Service connection for PTSD is granted. The issue of entitlement to service connection for degenerative arthritis of the lumbar spine (low back disability) is remanded for additional development.

The Veteran's lumbar spine disability is rated at 40 percent from May 6, 2019. The rating was granted as the condition met the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the Veteran's claims of service connection for chronic fatigue syndrome and a low back disability due to insufficient evidence in their original decision.

The Board has remanded the claims for service connection for PTSD, a back disability, and a neck disability due to insufficient evidence and need for further development.

The Board has decided to remand the Veteran's claims of service connection for back disability and left hip disability due to a lack of sufficient evidence. The appeal must be remanded as to all issues, in order to obtain all relevant records associated with his National Guard Service and to provide VA examinations for his back and left hip disabilities.

The Veteran's appeal was granted as the AOJ found that there was no new evidence to reopen his previously denied claims and denied all service connection claims.

The Board has granted an earlier effective date of May 17, 2018 for the award of service connection for tinnitus. The Veteran's claims for left ankle disability, right ankle disability, low back disability, and acquired psychiatric disorder are remanded due to duty-to-assist errors.

The Veteran's claims for increased ratings for a lumbar spine disability are being remanded due to concerns about the qualifications of the May 2019 VA examiner who provided an opinion on the severity of his condition.

The Board has decided to remand the cases of bilateral hearing loss and back condition/collapsed disc due to a duty to assist error. The Veteran's service treatment records need to be obtained, particularly those from April 1964 regarding his lumbar strain. A VA examination is also needed for both conditions.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain was denied as the July 1986 rating decision became final and no new evidence or appeal was submitted within a year.

The Veteran's claims for service connection for a neck condition and back condition were denied because the new evidence submitted did not relate to an unestablished fact necessary to substantiate the claims.

The Board has restored the Veteran's 20 percent rating for his service-connected lumbar spine disability, finding that there was no improvement in his ability to function under ordinary conditions of life and work.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that it is related to his in-service duties and symptoms.