Back / lumbar spine decisions — 2020

The Veteran's petition to reopen his claim for residuals of a back injury was denied, as the new evidence did not relate to an unestablished fact necessary to substantiate the claim.,His petition to reopen his claim for right arm condition was granted, as the new evidence related to an unestablished fact (the etiology of the right arm condition) and raised a reasonable possibility of substantiating the claim.

The Board dismissed the appeals of service connection claims for bilateral hearing loss, back condition, right knee condition, and tinnitus due to the death of the appellant.

The Board has remanded the Veteran's claims for service connection due to the complexity of his medical history and symptoms, including those related to Reiter's Syndrome (reactive arthritis), complex regional pain syndrome (CRPS), fibromyalgia, and low back disorders. The appeal is not about a presumption or new evidence.

The Board has determined that the Veteran's lumbar strain with degenerative arthritis and degenerative disc disease does not warrant a higher rating, as his symptoms do not meet the criteria for a 20 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the Veteran's claims for increased ratings for lumbar residuals of SFW, cervical arthritis, bilateral hearing loss, and bilateral tinnitus. The TDIU claim is also remanded.

The Board has denied the Veteran's claims for service connection for migraine headaches, an increased rating for lumbar spine degenerative arthritis, and an increased rating for right lower extremity radiculopathy. The evidence does not support a finding that these conditions are related to active service.

The Veteran's TDIU claim for the period from March 1, 2010 to April 30, 2010 is granted. The Veteran's service-connected low back disability and migraine headaches rendered her unemployable during this period.

The Veteran's appeal for a separate rating for neurologic abnormalities associated with his service-connected low back pain secondary to sacroiliitis with degenerative arthritis changes and TDIU was denied due to the Veteran failing to report for a scheduled VA examination.

The Board denied service connection for lumbar arthritis and left shoulder arthritis, but granted service connection for a right lower extremity achilles tendon condition.,Service connection was established for lumbar strain.

The Veteran's claim for service connection of plantar fasciitis of the left foot is granted. The Veteran's cervical spine strain with degenerative arthritis and IVDS is rated at 30 percent beginning on February 16, 2018.

The Board has remanded the claims for service connection for various conditions, including a back disability, sexual dysfunction, eye disorder, facial myalgia, intraoral leukoplakia, right shoulder disability, and intercostal rib sprain. The AOJ is required to obtain additional medical records and provide an opinion regarding the relationship of these disabilities to service.

The Board has determined that additional development is necessary for the claims of higher disability ratings for degenerative joint disease of the lumbar spine and bilateral ankle sprain, as well as the TDIU claim due to inconsistencies in the VA examinations conducted.

The Board has remanded the claims of service connection for low back, bilateral knee, and bilateral ankle disorders due to inadequate development in prior examinations.

The Veteran's claim for an increased rating in excess of 20 percent for degenerative disc disease of the lumbar spine from July 12, 2011 is being remanded due to inadequate VA examinations conducted in March 2013 and July 2016. The examination was not adequate since there is conflicting information on whether or not the Veteran has intervertebral disc syndrome (IVDS).

The Veteran's right elbow olecranon osteophyte with painful flexion is denied. The Veteran's degenerative disc disease of the lumbar spine is granted at a 20% rating for the entire appeal period.

The Veteran's low back disability is being remanded for a new VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected knee and foot disabilities. The right and left hip disabilities are also being remanded for a new VA examination to determine their etiology.,A VA examiner will be asked to provide opinions on whether the Veteran's low back, right hip, and left hip conditions are related to in-service events or injuries.

The Board has remanded the claim for service connection for a back condition, including as due to Gulf War environmental exposures. The Veteran's November 2017 VA examiner did not address whether his back pain could be related to Gulf War exposure and the matter is now remanded for further development.

The appeal for service connection of the veteran's lumbar spondylosis is dismissed due to the death of the appellant.

The Veteran's claim for service connection for a low back injury and left shoulder disability has been granted. The VA is remanding the claims for increased ratings for his elbow, wrist, and knee disabilities, as well as the TDIU issue.

The Board has determined that additional development is needed for the claims related to Bell’s palsy, degenerative arthritis of the cervical spine, lumbar strain, hypertension, and PTSD with major depressive episode. The Veteran's preexisting conditions are being evaluated for any permanent worsening during his periods of service.