Back / lumbar spine decisions — 2020

The Veteran's right ankle disability is not deemed to be a result of VA treatment or medication, and his service-connected disabilities do not meet the criteria for TDIU.

The Board has remanded the claims for service connection for chronic fatigue syndrome, peptic ulcer, low back disorder, bilateral foot condition, sinus condition, and hypothyroidism due to insufficient medical opinions regarding their etiology.

The Board has determined that the Veteran's spine disability and radiculopathy claims, as well as his TDIU claim, are inextricably intertwined. The case is being remanded to obtain a new VA examination for the Veteran's spine disability and another for his radiculopathy. These examinations should assess the current severity of these conditions.

The Veteran's appeals for increased ratings and service connection were denied. The left knee disability is rated at 10%, the left ankle disability at 10%, and both low back and right knee disorders are not service connected.

The Board has remanded the claims for lung disorder and lumbar spine disability due to additional development being necessary, including obtaining medical records and providing addendum opinions.

The Board has remanded the claims for service connection for various disabilities, including cervical spine, low back, right hip, left hip, left knee, and left shoulder disabilities. The Veteran's military occupational specialty was infantryman, and he reported experiencing pain in his knees during a VA examination.

The Board has remanded the cases for additional development, including obtaining medical examinations. The Veteran is seeking service connection and increased ratings for his gastrointestinal issues, thoracolumbar spine degenerative disc disease, and lower left extremity radiculopathy.

The Board has remanded several issues related to the Veteran's lumbar spine degenerative disc disease, left and right lower extremity radiculopathy, and urinary incontinence. The main reasons for remand include needing additional medical evidence, considering an extraschedular evaluation for the lumbar spine condition, and obtaining a separate rating for urinary incontinence.

The Veteran's claim for an increased disability rating for his service-connected thoracolumbar spine sprain with degenerative joint disease (DJD) is being remanded due to the failure of the Veteran to report for a scheduled VA examination. The Board will schedule another examination to determine the current severity of his lumbar disability.

The Board has granted service connection for lumbar spine degenerative joint disease, finding it is at least as likely as not that the condition manifested during or was noted during the Veteran's period of active service from January 2005 to March 2006. The decision is based on a presumption of service connection due to the chronic nature of the condition.

The Board has remanded the Veteran's claims for service connection due to failure to schedule VA examinations. The issues include back disorder, right knee disorder, left knee disorder, neck disorder, and left upper extremity cervical radiculopathy.

The Veteran's claim for an increased rating for his thoracolumbar spine disability was denied.,The Veteran's TDIU award was also denied, as he did not meet the criteria prior to December 15, 2015.,Eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 was also denied due to lack of a permanent total service-connected disability prior to December 15, 2015.

The Board has granted a 20 percent rating for thoracolumbar strain disability since September 6, 2017. The Veteran's condition is characterized by muscle spasm severe enough to result in an abnormal spinal contour such as lordosis and forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board has ordered the Veteran's military personnel records to be obtained and VA examinations are needed to determine if his current disabilities are related to service.

The Veteran's degenerative arthritis of the lumbar spine with L4-5 fixation is rated at 40 percent since December 21, 2019. The limitation of extension of the left knee and PO residuals of a menisceal tear and ACL reconstruction are not granted as they do not meet the criteria for higher ratings.

The Veteran's low back disability is rated at 20 percent, which meets the criteria for a higher rating.

The Board has remanded the cases due to insufficient evidence for some issues, including service connection for left and right hip disabilities. The Veteran's current knee and ankle conditions are found to be secondary to his service-connected pes planus.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence showing a nexus between his current condition and his military service.

The Board has remanded the issues of both an increased rating for the lumbar spine disability and service connection for a skin disorder. The issue of an increased rating for the lumbar spine disability is properly before the Board.

The Board has remanded the cases for further development and to obtain additional medical opinions regarding the etiology of the Veteran's claimed conditions. The issues include service connection for left ear hearing loss, left ankle disorder, low back disorder, and bilateral foot disorder.