Back / lumbar spine decisions — 2020

The Veteran's claims for service connection for low back disability and neck disability were granted. The claim for left shoulder disability was remanded.

The Board has remanded the claims for service connection for plantar fasciitis and a back disability as secondary to plantar fasciitis due to potential inadequacy of the VA examiner's opinion regarding the etiology of the Veteran's plantar fasciitis, including consideration of his lay statements and service treatment records. The issues are inextricably intertwined.

The Board has remanded the claims for further development due to the need for additional medical examinations and records.

The Board has remanded the Veteran's claims for sleep apnea, low back condition, cervical spine condition, bilateral hearing loss, tinnitus, right wrist condition, left wrist condition, right knee condition, and left knee condition due to additional development of evidence.

The Veteran's appeals for service connection were dismissed due to his death. The Board had no jurisdiction to adjudicate the merits of these claims as he died during the appeal process.

The Veteran's lumbar strain and left lower extremity radiculopathy are rated at 20 percent, effective October 15, 2019. The right knee strain and left knee strain remain rated at 10 percent.

The Board has remanded the claims for hypertension, right knee disability, left knee disability, and back disability due to inadequate opinions in previous VA examinations. The claims are being returned for further development.

The Veteran's lumbar spine disability was rated noncompensably disabling prior to October 4, 2019. Since then, a rating of 20 percent has been denied for the condition.

The petition to reopen a previously denied claim for service connection for a lung condition, including COPD and asthma, is denied. The Veteran's claims for service connection for a back condition and left knee condition (claimed as arthritis of the lower extremities) are remanded.

The Veteran's lumbar spine disability is rated at 10 percent, and the Board finds that a higher rating is not warranted due to lack of evidence showing more severe impairment. The TDIU claim was also denied as the Veteran does not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's thoracolumbar degenerative disc disease with spondylosis is not rated higher than 20 percent prior to March 6, 2017 and 40 percent thereafter.,The Veteran's radiculopathy affecting the left leg is not rated higher than 10 percent prior to November 29, 2017 and 20 percent thereafter. The right leg radiculopathy is not rated higher than 10 percent.

The Board has granted an effective date of July 15, 2008 for the award of a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected multilevel degenerative disc disease of the lumbar spine.

The Veteran's GERD is granted a non-compensable rating. Service connection for lumbar spine disorder, right knee strain, and left knee strain are all granted.

The Veteran's total right hip arthroplasty, right knee DJD, left knee DJD, and lumbar spine disability have been granted increased ratings.

The Board has remanded the cases for further development due to insufficient evidence regarding the etiology of the Veteran's back and neck disabilities. The skin condition claim is denied.

The Board has remanded the cases of entitlement to a rating in excess of 20 percent for degenerative disc disease with cervical strain and entitlement to service connection for lumbosacral strain due to lack of VA treatment records from 1993 to present, and inadequate opinions regarding the etiology of the Veteran's lumbar spine disability.

The Veteran's service connection claims for right and left foot/ankle injuries, as well as right and left knee disabilities, and a low back disability are all granted.

The Veteran's disability evaluations for lumbar spine disorder, cervical spine disorder, left-shoulder disorder, right-wrist disorder, left-ankle disorder, and right-ankle disorder have been restored to their previous levels. No increased ratings are granted.

The claim for a higher rating than 10 percent for lumbosacral disc disease with left leg sciatica is denied. The claims for service connection for sleep apnea and TDIU are remanded.

The Veteran's GERD is rated at 10 percent and the Board found no evidence of a higher rating based on symptoms.,The Veteran's cervical spine degenerative disc disease was remanded for additional examination due to inadequate previous examinations, as per VA regulations.