Back / lumbar spine decisions — 2020

The Veteran's appeal includes multiple issues related to his service-connected and non-service-connected disabilities, including ratings for various conditions. The AOJ is instructed to obtain the Veteran’s SSA records and update VA treatment records before readjudicating these claims.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has reopened the Veteran's claims for service connection for hypertension, arthritis (also claimed as legs-both, right hip bad, painful), gout, bilateral eye viruses, diabetes mellitus, lumbar spine disability, prostate cancer, residuals of asbestos exposure (including sinus and respiratory problems), lung cancer, and sinusitis. However, these claims were denied on the merits.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical evidence and an updated examination.

The Board has remanded the Veteran's claims for increased evaluations of his low back disability and TDIU due to issues with the evaluation process, including a lack of proper adjudication of the TDIU claim.

The Board has granted service connection for spondylolisthesis with degenerative disc disease of the lumbar spine, erectile dysfunction as secondary to a back disorder, and hypogonadism as secondary to a back disorder.

The Board has decided to remand the case due to inadequate examination and missing records, which may affect the determination of service connection for a low back disability.

The Veteran's lumbar spine disability and related nerve disabilities have been granted increased ratings, with effective dates of August 29, 2019. The case is also remanded for further consideration.

The Veteran's claims for service connection of left foot disability, fibromyalgia, and lumbar spine disability have been denied. Her bilateral hip disabilities (based on limitation of extension) are currently rated at 10 percent.

The Board has granted service connection for the Veteran's low back disability, finding that it became chronic in service and persists after separation.

The Veteran's service-connected low back disability and radiculopathy have prevented him from securing and maintaining employment since at least 1985, leading to a TDIU effective August 8, 2012.

The Board denied service connection for cervical spine, lumbar spine, and bilateral knee disabilities due to a lack of evidence linking these conditions to the Veteran's military service.,The VA examinations found no in-service injury or diagnosis related to the current disabilities.

The Board has remanded the claims for further development due to insufficient opinions regarding the relationship between the Veteran's current back, neck, and bilateral knee disabilities and his active duty service.

The Veteran's lumbar spine disability is rated at a 40 percent evaluation, but no higher, for the periods prior to December 1, 2017 and from December 1, 2017 to October 3, 2019. The appeal for an evaluation greater than 40 percent for the period since October 4, 2019 is denied.

The Veteran's service-connected lumbar spine disability, right lower extremity radiculopathy, and erythrasma have been granted effective April 26, 2018. However, the Veteran is not entitled to earlier effective dates for these conditions.

The Board denied the Veteran's claims for service connection for a right knee disorder and low back disorder, finding that there was no evidence to support these claims. The Board also noted that further examination is needed to address whether the Veteran’s low back disorder was aggravated by his service-connected left knee disability.

The Board has determined that the Veteran's lumbar spine, left hip, left knee, right foot, and left foot osteoarthritis were not incurred during service or caused by his service-connected right ankle disability. The conditions are considered to be due to non-service-connected risk factors such as age and obesity.,As a result, the Veteran is not entitled to service connection for any of these conditions.

The Board has decided to remand the case due to insufficient opinions regarding the etiology of the Veteran's back condition and a need for a VA examination.

The Veteran's lumbar and cervical spine disabilities were granted initial ratings of 40 percent, effective prior to June 25, 2019. The right shoulder disability was denied a rating in excess of 20 percent, while the left shoulder disability received an initial rating of 20 percent. TDIU was granted.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's back disorders and their relationship to his military service. The AOJ is instructed to obtain additional VA medical records, authorize private treatment records from identified providers, and request a clarifying opinion from a suitably qualified examiner.