Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection for a low back disability and a right hip disability due to additional development, including obtaining medical opinions on the etiology of these conditions.

The Board has reopened the Veteran's claim for service connection for a back disability and determined that new evidence supports this reopening. However, the Board found no causal link between the Veteran's in-service injury and his current back condition, thus denying service connection.

The appeal regarding an entitlement to service connection for a cervical spine disability is dismissed.,The appeal regarding whether new and material evidence to reopen the claim of entitlement to service connection for a bilateral knee disability is dismissed.,The appeal regarding an entitlement to service connection for a right-side, upper neuropathy is dismissed.,The appeal regarding an entitlement to service connection for a right-side, lower neuropathy is dismissed.,New and material evidence to reopen the claim of entitlement to service connection for a lumbar spine disability has not been received.,New and material evidence to reopen the claim of entitlement to service connection for multiple sclerosis has not been received.,Evidence submitted subsequent to the January 2005 rating decision that denied service connection for tinnitus is not cumulative or redundant of evidence previously of record, relates to unestablished facts necessary to substantiate the claims, and raises a reasonable possibility of substantiating the claims for service connection for tinnitus.

The Board has decided to remand the claims of service connection for a neck disability, spinal fusion (claimed as low back disorder), and headaches due to the failure to schedule VA examinations. The Veteran's claims are being returned to the AOJ for further action.

The Veteran's service-connected lumbar spine degenerative disc disease is granted a 40% rating, effective from the date of claim. The other issues remain unchanged.

The Board has remanded the cases for further evaluation due to inadequate examination and inconsistencies in treatment records. The Veteran's low back disability is rated at 10 percent, but a higher rating may be warranted based on recent examinations. Additionally, TDIU is being remanded as it is inextricably intertwined with the rating issue.

The Board has remanded the Veteran's claims for service connection for right knee pain, left knee pain, low back pain, and bilateral glaucoma due to incomplete information regarding his periods of active duty, ACDUTRA, or INACDUTRA. The claims must be remanded for additional development including obtaining a VA examination.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent for degenerative disc disease of the lumbar spine and for TDIU due to inadequate VA examinations. The Veteran is required to undergo additional VA examination to assess his current disability status, including range of motion during flare-ups and functional loss.

The Board denied service connection for diabetes mellitus, heart disability, neuropathy of the bilateral upper and lower extremities, right knee disability, and back disability as there was no evidence of in-service onset or nexus to active service.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to October 7, 2019 and 20 percent thereafter.

The Board has remanded the Veteran's claims for hearing loss, right ankle and knee disabilities, bilateral plantar fasciitis, and lumbar strain due to the need for additional examinations to assess their current severity.

The Board has remanded the issues of entitlement to ratings in excess of 10 percent for GERD, right knee contusion with clinical lateral meniscus tear, and lumbar spondylosis and lumbar muscle spasm. The Veteran's joint complaints are related to his bilateral hands, knees, and shoulder disabilities.

The Board has determined that the VA examinations conducted in April and August 2019 were inadequate to decide the service connection claims. The Veteran's lumbosacral spine disability and bilateral lower extremity disabilities are remanded for additional development, including obtaining a new examination.

The Board has remanded the claims for bilateral hearing loss, degenerative disc disease of the lumbar spine, tendonitis of the left ankle, and irritable bowel syndrome (IBS) to allow for further development.,The Veteran's representative status is unclear due to multiple changes in representation over time.

The Board has granted service connection for osteoarthritis of the cervical spine, lumbar spine, hands, and feet. The radiculopathy of both lower extremities is also service connected as secondary to the service-connected osteoarthritis of the lumbar spine. Service connection was denied for rheumatoid arthritis and a respiratory disorder (COPD and asthma).

The Veteran's cubital tunnel syndrome of the right elbow is currently rated at 10 percent, but the Board finds that it does not warrant a higher rating.,The Veteran's headaches are currently rated at 30 percent, and the Board finds that they do not warrant a higher rating.,The Veteran's lumbar spinal stenosis with DDD is currently rated at 20 percent, and the Board finds that it does not warrant a higher rating.

The Veteran's claim for a higher rating for his thoracic and lumbar spine injury, degenerative disc disease and spondylosis was denied until July 6, 2014. After that date, the Veteran was granted a 40% rating effective from July 6, 2014.

The Veteran's claims for service connection for bilateral hearing loss, a lumbar spine condition, and a right knee condition have been granted.,Other issues such as the right arm nerve problem with tingling from fingers to shoulder and the right leg condition are still pending.

The Board has denied service connection for a low back disability and remanded the claim for irregular menstrual periods due to insufficient evidence.

The Board has remanded the Veteran's claims for low back strain, bilateral lower extremity radiculopathy, and TDIU due to service-connected disabilities. The issues are related to functional loss with repeated use over time and/or with flare-ups, as well as moderate intermittent pain.