Back / lumbar spine decisions — 2020

The Board has granted service connection for a low back disorder and remanded the issue of an initial compensable rating for right thumb DJD.

The Veteran's claims for service connection for a lower back disability, an initial compensable rating for bilateral hearing loss prior to May 22, 2019, and a rating in excess of 10 percent for right knee disability after May 22, 2019, were denied. The Veteran's claim for total disability rating based on individual unemployability was remanded.

The Board has remanded the Veteran's claims for service connection for spondylosis of cervical spine and degenerative disc disease of lumbar spine due to VA's failure to provide proper notice regarding obtaining treatment records from chiropractors and primary care physicians. The Veteran is also required to provide completed releases for these providers.

The Board has remanded multiple issues for further examination and evaluation, including service connection claims for various conditions. The Veteran's claims are being reviewed due to inconsistencies in previous examinations and the need for updated medical evidence.

The Veteran's claimed conditions were denied as they are not related to service or secondary to a service-connected disability.

The Board has remanded the claims for service connection for bilateral hearing loss and low back disability due to incomplete information provided by the Veteran regarding his former employers or medical providers who conducted physical and/or hearing examinations.

The Board denied service connection for a low back disability, right knee disability, left knee disability, and hallux valgus and hallux rigidus of the right foot. The evidence did not support a finding that these conditions were incurred in or are otherwise the result of active service.,The VA examiner provided opinions against the Veteran's claims for all four issues.

The Board has decided that the Veteran's claim for service connection for a back disorder must be remanded due to inadequate development in the previous VA examination.

The Board has determined that the Veteran's asthma is not related to service, and his sterility claim lacks a current disability. The low back disability and tinnitus claims are remanded for further development.,Service connection cannot be granted for asthma as there is no evidence of an in-service injury or disease, and the current condition is not shown to have been caused by exposure to asbestos or radiation.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and right ankle disabilities due to a duty-to-assist error in prior VA examinations.

The Veteran's TDIU claim from December 12, 2016 to February 20, 2018 is granted. The Veteran's lumbosacral strain claim for an evaluation in excess of 10 percent prior to January 15, 2018 and in excess of 20 percent thereafter is remanded.

The Board denied service connection for a low back disability, finding that the Veteran's current condition was not incurred or aggravated by his military service and there is no evidence of chronicity within one year post-service.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and traumatic retinopathy status post cataract surgery are being remanded due to the need for additional examinations and updated treatment records.

The Veteran's tinnitus and back condition are granted service connection, while his acid reflux, respiratory condition, knee conditions, shoulder conditions, and hemorrhoids remain denied.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the spine with bilateral lumbar radiculopathy, finding that his symptoms began in service and have continued since then.

The Veteran's low back disability is rated at 40 percent, effective July 9, 2019. The initial compensable evaluation for costochondritis was denied.

The Veteran's appeals for service connection and rating issues have been dismissed due to withdrawal of the claims by his representative in August 2019. The Board also remanded several issues including increased ratings for degenerative arthritis of the thoracolumbar spine, left and right lower extremity radiculopathy, and a temporary total rating for convalescence due to post-operative jejuno-cutaneous enterocutaneous fistula.

The Veteran's service-connected low back disorder has been found to preclude him from securing and following a substantially gainful occupation since February 23, 2000. The Board granted entitlement to TDIU on an extraschedular basis effective that date.

The Board has granted service connection for a headache disability, finding that the Veteran's persistent headaches since service are due to his in-service fall. The Board denied service connection for left knee and back disabilities.,Service connection was not established for left knee or back disabilities as there is no evidence of an in-service injury or chronic condition following service.

The Veteran's claim for a higher rating for her degenerative disc disease of the lumbar spine was denied as there is no evidence that it warrants a rating in excess of 10 percent.