Back / lumbar spine decisions — 2020

The Veteran's increased rating claims for lumbosacral DDD and DJD, as well as his TDIU claim, were denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula or IVDS Rating Formula.

The Board has remanded the Veteran's claims for lumbar spine degenerative arthritis and left knee retropatellar pain syndrome with patella femoral tendonitis due to the need for additional examinations to determine their current severity.

The Board denied service connection for carpal tunnel syndrome, cervical dysplasia, breast reduction surgery and its residuals, low back condition, and right shoulder condition.,Service connection was not granted for any of the claimed conditions.

The Board has decided to remand the Veteran's claims for increased ratings for his lumbar spine disability due to inadequate VA examinations and insufficient evidence regarding range of motion testing, functional impairments during flare-ups, and pain. The Veteran will be provided with a new VA examination to determine the current severity of his service-connected right knee disability consistent with the requirements in Correia and Sharp.

The Veteran's claims for increased ratings for his left shoulder dislocation and lumbar spine disability have been denied. The Board found that the evidence did not support a higher rating for either condition.

The Board has remanded the claims for hepatitis B, lumbar spine disorder, headaches, tendonitis of the elbow, and depression due to inadequate opinions in the prior VA examinations. The Veteran is requested to provide any additional medical records and an addendum opinion will be obtained.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment due to his physical impairments, which prevent him from performing the required tasks in a warehouse job.

The Veteran's claims for arthritis, right knee; chondromalacia, Baker’s cyst, and possible fibroma, left knee; slipped discs of the spine (cervical and thoracolumbar); depression; and hypertension have been granted.

The Veteran's claims for increased ratings of his service-connected back disability, right and left lower extremity sciatic radiculopathies, and right and left knee strains were denied as a matter of law due to the Veteran's failure to report for required VA examinations without showing good cause.

The Veteran's back disability and right lower extremity radiculopathy were restored to their previous ratings of 40 percent and 20 percent, respectively, effective December 1, 2019.

The Board denied service connection for a back disorder and a heart disorder, finding insufficient evidence to establish the onset or relationship of these conditions to service.

The Board has decided to remand the case due to inadequate VA examination reports, specifically regarding functional impairment during flare-ups. The Veteran's claim for an increased rating in excess of 10 percent for a lumbosacral strain disability from August 19, 2019 is now pending and requires further evaluation.

The Board has decided to remand the case due to a duty to assist error, requiring a new medical opinion on whether the Veteran's sleep apnea is aggravated by his service-connected lumbar spine disability.

The Veteran's claims for increased ratings were denied as his hip and knee disabilities did not meet the criteria for higher disability ratings under applicable diagnostic codes. The RO assigned separate ratings based on different issues, but the Board found that a single rating of 30 percent was more favorable than separate ratings.

The Board denied a rating higher than 20 percent for the Veteran's low back disability, finding that there was no evidence of forward flexion to 30 degrees or less, which would warrant a higher rating.

The Board has denied the Veteran's claims for service connection for left knee disability, back disability, and right wrist disability due to a lack of credible evidence showing an in-service injury or disease related to these conditions.

The Veteran's back condition is granted service connection, and his right lower extremity radiculopathy is also granted as secondary to the back disability. The neck condition is granted service connection on a direct basis. Service connection for left leg, right ankle, and right big toe disabilities are remanded.

The Board has decided to remand the claim of service connection for a low back disability due to insufficient evidence and duty to assist errors.

The Veteran's service-connected cervical spine IVDS, lumbar spine degenerative disc disease, and right knee degenerative joint disease are being remanded for further evaluation due to the need for additional examinations.

The Veteran's claims for ADHD and dyspnea/shortness of breath were denied as there is no current diagnosis or functional impairment.,The Veteran's shin splints and lower back condition claims are remanded due to inadequate medical opinions.