Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims for service connection for a thoracolumbar spine disorder and a sinus disorder, finding that there was no evidence of continuity of symptomatology or chronicity of care related to these conditions. The Board also found that any current symptoms were not etiologically related to service.

The Board has remanded the issues of service connection for cervical spine disability, lumbosacral spine disability, right knee disability, and left knee disability due to inadequate VA examinations. The Veteran contends that her current disabilities are related to her in-service injuries or a service-connected condition.

The Board has determined that the Veteran's low back disability began during service and has persisted since then, granting service connection for this condition.

The Board has remanded the case for further development regarding service connection for diabetes mellitus and rating of low back disability. The current effective date for a 20% rating for low back disability is September 22, 2016.

The Veteran's thoracolumbar DDD and DJD, left lower extremity radiculopathy, and pseudofolliculitis barbae are all granted as service-connected.

The Veteran's claim for TDIU prior to September 13, 2018 was denied as he did not meet the schedular requirements and his service-connected disabilities were not the primary impediment to obtaining substantially gainful employment.

The Board has remanded the case due to a lack of an addendum medical opinion addressing the Veteran's claims of radicular pain in his lower extremities.

The Board has determined that additional development is needed for the claims of service connection for various conditions, including low back disorder, cervical spine disorder, neurological disorders of extremities, and a heart disorder. The VA will obtain medical opinions to determine if these conditions are related to service or other factors.

The Veteran's low back disability, neuropathy of the bilateral lower extremities, and residuals of a cold injury are all granted service connection.

The Board has remanded the Veteran's claim for service connection for chronic lumbar strain due to an inadequate October 2009 VA medical examination opinion. The examiner did not address a reported in-service back strain episode and an addendum opinion is needed.

The Board has remanded the cases due to insufficient rationale provided by the VA examiner regarding whether the Veteran's back and bilateral hip disorders are aggravated by his service-connected knee disabilities, which have been in place since January 1976 (right) and July 2010 (left).

The Board has remanded the cases for additional development and medical opinions to determine if service connection can be established for back, right knee, left knee, and neck conditions.

The Veteran's initial claim for a higher evaluation for degenerative arthritis of the lumbar spine was denied. The Board found that the evidence did not meet the criteria for an increased rating prior to April 7, 2007 and from April 16, 2007 to April 26, 2012 (exclusive of the period of convalescence under 38 C.F.R. § 4.30). Effective April 26, 2012, a rating of 10 percent was granted.

The Board denied an increased rating for lumbosacral strain, finding that the Veteran's disability did not meet or approximate criteria for a higher rating at any time during the appeal period.

The Board denied the Veteran's claim for service connection of a lower back condition, finding that there was no chronicity of symptoms since service and no evidence linking his current disability to an in-service injury.

The Veteran's claim for a higher disability rating for lumbar sprain was denied as the evidence did not show that his symptoms warranted a rating in excess of 10 percent.,The Veteran's claim for service connection for hypertension was denied because there is no current diagnosis of hypertension and the Board found the Veteran's statements regarding this condition were not competent.

The Board has remanded the Veteran's claims for low back condition, diabetes mellitus, and hypertension due to inadequate medical opinions and lack of evidence regarding exposure to herbicides. The case will be returned for further development.

The Board denied the Veteran's claims for service connection for right lower extremity neuropathy and back disability, finding that these conditions are not related to active service or a service-connected condition.

The Veteran's service-connected disabilities, including lumbosacral disc with posterior and lateral protrusion, right lower extremity radiculopathy, left lower extremity radiculopathy, and surgical removal of osteochondroma left wrist with residual cubital tunnel syndrome, render him unable to secure or follow a substantially gainful occupation. As a result, the Veteran's claim for total disability due to individual unemployability (TDIU) is granted.

The Veteran's claim for increased ratings for residuals, fractured coccyx with degenerative arthritis of the lumbar spine, intervertebral disc syndrome, and spinal stenosis was denied. The current rating of 20% is maintained.