Back / lumbar spine decisions — 2020

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's current cervical spine disability is related to his service, including reported in-service neck injuries.

The Veteran's initial claim for a disability rating of 20 percent for his low back disability was granted. A subsequent claim for an increased rating to 40 percent, effective January 23, 2020, was also granted.

The Veteran's claims for increased ratings for DDD at L5-S1 and left knee disability, as well as the associated radiculopathy of the lower extremities, have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board denied higher staged ratings for the Veteran's lumbar spine disorder, currently rated at 20 percent from October 30, 2008, and 40 percent from September 16, 2019.

The Board denied service connection for various joint disorders, including those allegedly due to herbicide exposure. The evidence did not support a finding of actual or presumptive exposure.

The Board denied service connection for left hip, lumbar spine, and right knee disorders as they are not shown to be causally or etiologically related to any disease, injury, or incident in service.

The Veteran's claim for service connection for PTSD was granted, as the Board found that his reported stressor of a bed fire in 1977 during active duty met the criteria for service connection.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for a back disability was denied because there is no credible evidence showing that his participation in the CWT program proximately caused his additional disability.

The Board has granted service connection for cervical and lumbar spine disorders, as well as radiculopathy of the bilateral lower extremities, finding that these conditions are related to the Veteran's service-connected disabilities.

The claim for service connection for a low back disorder (strain) is granted. The claim for service connection for degenerative joint disease of the lumbar spine is not granted.

The Veteran's appeal is remanded for additional development regarding his claim of service connection for a left lower extremity neurological disability, which may be secondary to his back disability.

The Board has remanded the issue of service connection for a thoracolumbar spine disability due to insufficient evidence in the record.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, specifically from Cleveland VAMC. The claim for SMC based on the need for aid and attendance is also being remanded as part of these issues.

The Veteran's claim for a higher rating for his low back disability was denied, as the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less. The TDIU and SMC claims were also denied.

The Veteran's service connection claim for degenerative disc disease of the cervical spine was denied as there is no evidence that it became manifest in service or within a year after separation.,Service connection for peripheral neuropathy of the left and right upper extremities, including as secondary to service-connected degenerative disc disease of the cervical spine, was also denied due to lack of medical evidence linking these conditions to service or service-connected disabilities.,The Veteran's radiculopathy of the lower extremities, which is now considered service connected, was granted. The Board found that the symptoms were related to his lumbar spine disability and not directly related to service.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding the etiology of the Veteran's back disability. The Veteran served in active duty until 1977, but there are records indicating service beyond that period.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran did not have any in-service injury or disease leading to his current condition and there was no evidence of continuity of symptoms. The claim is denied.

The Veteran's claim for increased ratings for his low back disability was denied. The disability rating prior to May 21, 2014 is still at 10 percent and on or after that date remains at 20 percent.

The Board denied service connection for a seizure disorder and back disability, finding that the seizures were not related to service or a service-connected condition.

The Board has dismissed all claims for service connection due to the death of the appellant.

The Board has decided to remand all issues on appeal due to the Veteran's request for withdrawal and unclear preferences regarding informal conferences. The RO is instructed to obtain VA treatment records from Little Rock VA Medical Center and update the Veteran’s VA treatment records.