Back / lumbar spine decisions — 2020

The Board has determined that the issues of higher staged disability ratings for residuals of a right foot injury, service connection for a sinus disability and an eye infection, service connection for a low back disability, right hip disability, right knee disability, and PTSD, as well as TDIU are inextricably intertwined. Therefore, these matters have been remanded to allow for further development.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate VA examinations. The Veteran is seeking an increase in his disability rating for lumbosacral strain, which was previously denied by a July 2012 rating decision. He also seeks service connection for a neck disability that he contends is related to his service-connected lumbosacral strain.

The Board has remanded the claims of service connection for a left hip disability, low back strain, and left ankle disability due to insufficient medical opinions regarding the etiology of these conditions.

The Board has remanded the claims of service connection for low back disability and PTSD due to a lack of adequate statements of reasons or bases, as well as failure to fulfill its heightened duty to assist in obtaining alternative evidence supporting the Veteran's claims.

The Board has remanded the claims of service connection for low back and left leg disabilities due to insufficient reasons provided in the previous decision. The Veteran's statements regarding his injuries during service will be considered, along with any updated VA treatment records.

The Veteran's claim for an increased evaluation for his service-connected degenerative thoracic spine disease, history of residual fracture, transverse process L-1 vertebra and low back strain is denied. The Board found that the current evidence does not support a higher rating based on the severity of his disability.

The Veteran's right upper extremity, left upper extremity, right lower extremity, and left lower extremity cervical radiculopathy are granted compensation as secondary to his service-connected cervical spine disability.,The Veteran's right upper extremity, left upper extremity, right lower extremity, and left lower extremity lumbar radiculopathy are granted compensation as secondary to his service-connected lumbar spine disability.

The Board has remanded the case for further development and an addendum medical opinion regarding secondary service connection for upper back disability.

The Board denied service connection for chest pain, including costochondritis, as the preponderance of the evidence is against a finding that it began during active service or is otherwise related to an in-service disease, injury, or event.,The Board remanded issues regarding cervical spine disability, thoracolumbar spine disability, left knee disability, and left foot and ankle disabilities for further development.

The Board has granted service connection for right knee arthritis and degenerative disc disease of the lumbar spine with disc herniation and radiculopathy of the bilateral lower extremities, both found to be secondary to the Veteran's service-connected left knee disability.,Service connection for obstructive sleep apnea is remanded as there are insufficient medical opinions addressing whether it is secondary to obesity resulting from a service-connected disability.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that his current condition is not related to his military service and did not manifest within one year of separation.

The Board denied service connection for a back disability and found no entitlement to an increased rating for bilateral hearing loss, as the evidence did not support a direct relationship between the disabilities and service.

The Board has dismissed all service connection claims for various conditions, including post-polio syndrome and its secondary effects, due to the Veteran's death.

The Veteran's initial claim for a higher rating for his thoracolumbar spine disability was denied prior to April 21, 2016. Effective April 21, 2016, the Veteran is granted a 60 percent disability rating for his service-connected thoracolumbar spine disability due to incapacitating episodes with a duration of at least 6 weeks during a 12-month period.

The Board has decided to remand the claims for service connection for back and neck disabilities due to incomplete examination reports and lack of clear opinions on etiology.

The Board has granted service connection for left hip osteoarthritis and lumbar strain and degenerative disc disease, finding that the Veteran's current conditions are related to his active duty service.

The Veteran's appeal for an increased rating for left hip degenerative joint disease (previously rated as bursitis) was dismissed.,An effective date of April 29, 2008, and no earlier, for the grant of service connection for lumbar spine arthritis with degenerative disc disease (DDD) and degenerative joint disease (DJD) (previously rated as low back pain) is granted.,A 10 percent rating for right lower extremity radiculopathy associated with lumbar spine arthritis with DDD and DJD from April 29, 2008 to April 13, 2009 is granted.

The Veteran's lumbar spine disability and RLE radiculopathy are granted with specific ratings, effective from December 11, 2014 for the latter.

The Veteran's back disability is rated at 40 percent, and the Board finds that a higher rating is not warranted due to lack of evidence supporting more severe symptoms or functional loss.