Back / lumbar spine decisions — 2020

The Board found that the Veteran's service-connected disabilities prior to November 2, 2018 did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's low back disability is rated at 40 percent since October 25, 2019. Service connection for hemorrhoids has been granted.,An initial rating of 40 percent for lumbar degenerative disc disease with strain was granted effective October 25, 2019.

The Board denied the Veteran's claim for service connection for degenerative joint disease of the lumbar spine, finding that there was no evidence linking her current condition to her active duty service or a service-connected disability.

The Board denied service connection for bilateral hearing loss and tinnitus due to lack of in-service noise exposure. Service connection was also denied for lumbar and cervical spine disabilities as there is no probative evidence linking these conditions to service.

The Veteran's claim for a higher rating for lumbar degenerative disc disease and spondylosis is denied as his disability does not meet the criteria for a higher rating under VA regulations.

The Board has determined that the Veteran's back disability was not incurred or aggravated during service and is not otherwise related to service. The claim for service connection is denied.

The Board denied service connection for toenail fungus but remanded the issue of service connection for a low back disability other than the service-connected strain. The appeal is therefore considered 'mixed' as one issue was granted and another was remanded.

The Board denied service connection for a low back disability and bilateral hearing loss, finding that there was no causal relationship between the current disabilities and the appellant's in-service injury or disease.

The Board has remanded the case due to an indication that the Veteran's current back disorder could be related to service. The Veteran is advised to provide details about any in-service injury and treatment records.

The Board has remanded the claims for left and right lower extremity intervertebral disc syndrome, as well as the claim for a rating in excess of 40 percent prior to June 1, 2009, and; in excess of 60 percent from that date to September 11, 2019, for degenerative joint disease of the lumbosacral spine with herniated nucleus pulposus. The TDIU claim is also remanded.

The Board has determined that the Veteran's claims for increased ratings and TDIU are not ready for decision due to inadequate VA examinations, and thus these issues must be remanded for further development.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's low back disability is related to his service, specifically a helicopter crash in 1962.

The Veteran's claim for a higher disability rating for his service-connected postoperative residuals of intervertebral disc syndrome (IVDS) of the lumbosacral spine is remanded due to conflicting examination results. Another VA examination is needed to determine the current severity and nature of his condition.

The Veteran's thoracolumbar spine disability is rated at 40 percent, effective February 9, 2018. The Veteran's PTSD and persistent depressive disorder are rated at 70 percent combined, effective October 28, 2016.

The Veteran's service-connected lumbosacral strain and degenerative arthritis of the spine do not meet the criteria for a higher evaluation than 10 percent.

The Board has remanded the claims for service connection of cervical and lumbar spine disabilities, as secondary to a service-connected left knee disability. The Veteran needs to provide VA with inpatient clinical records from 1964 and 1965 at the Oakland Naval Hospital regarding his claimed motor vehicle accident. A new VA examination is required to address whether these spinal disabilities are related to or aggravated by his service-connected left knee disability.

The Veteran's TDIU claim has been granted with an effective date of October 20, 2015. The Board also remanded the Veteran's claims for increased ratings for his back and leg conditions.

The Veteran's claim for service connection for an acquired psychiatric condition including PTSD, depression, anxiety, and sleep disorder was granted in a May 2019 rating decision. The claims for inflammation of the joints, chronic fatigue syndrome, anemia, elevated white cell blood count (WCB) and chronic blood disorder, lymphedema, postsurgical hypothyroidism, residuals of radiation exposure, sleep apnea, low back disability, bilateral hip disability, and bilateral knee pain are all remanded.

The Board has withdrawn all claims related to the Veteran's service connection and disability rating appeals due to his withdrawal requests. The right knee disorder, bilateral foot fungus, and prostate condition (claimed as large prostate) claims have been reopened based on new evidence submitted since their last denial.

The Board has remanded the Veteran's claims of service connection for residuals of a lower back disorder post fusion and a neck disorder due to inadequate attempts by VA to obtain relevant medical records, including from private chiropractors and VA hospitals. The Veteran is also required to provide signed release forms for any requested records.