Back / lumbar spine decisions — 2020

The Veteran's application to reopen his claim for service connection for a back disability status post laminectomies L4-5 and S-1 was denied. His claim for service connection for bilateral hearing loss is granted, but the case is remanded for further action on residuals of cold weather injury.

The Board has decided to remand the claims for service connection due to inadequate VA medical opinions. The Veteran's back, right leg, left hip, and knee disorders are being reviewed again with new medical opinions.

The Veteran's bilateral ankle disability is granted as service-connected.,The Veteran's bilateral knee disability to include as secondary to his service-connected bilateral ankle disability is granted as service-connected.,The Veteran's lower back disability is granted as service-connected.

The Board has remanded the cases for further development and consideration. The Veteran's cervical spine disability is not service connected, while his low back disability (DDD) remains under review.

The Board denied an initial higher rating in excess of 10 percent for the Veteran's lumbar spine disability, finding that the evidence did not support a higher rating based on functional loss or impairment due to pain and other symptoms. The current 10 percent rating adequately compensates for the severity of the disability.

The Board has remanded the Veteran's claims for neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and low back disability with degenerative joint disease due to missing VA examinations. The Veteran was hospitalized and moved to a nursing home, which may have prevented him from attending the scheduled exams.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding his back condition and acquired psychiatric condition. The AOJ is instructed to obtain additional medical records, schedule examinations if necessary, and provide an adequate opinion on the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection and evaluation of her back disability, as well as her bilateral upper and lower extremity radiculopathy. The claims are being returned to the RO for additional development.

The Veteran's initial rating for back disability is denied, and a higher rating is not warranted. The Veteran's LLE radiculopathy, sciatic nerve, is granted an initial rating of 80 percent. A higher rating for LLE radiculopathy, femoral nerve, is denied.

The Board has remanded the Veteran's claims for additional development due to issues related to his participation in Project SHAD, including exposure to bacillus globigii (BG), betapropiolactone (BPL), and zinc cadmium sulfide. The claims include lung disability, kidney cysts, skin disability, cervical spine disability, low back disability, gastrointestinal disability, and headaches.

The Veteran's appeal for a higher rating for PTSD is remanded due to the need for additional VA treatment records.,The Veteran's appeal for a higher rating for Degenerative Joint Disease of the Lumbar Spine with IVDS is also remanded due to the need for additional VA treatment records.

The Veteran's lumbar strain is rated at 20 percent since October 7, 2011. Separate ratings of 20 percent are granted for neurological abnormalities affecting the left and right lower extremities associated with service-connected lumbar strain.

The Veteran's claim for tinnitus was granted with an effective date of May 25, 2011. The claims for tobacco use disorder, left foot disability, right foot disability, lumbar spine disability, left hip disability, right hip disability, left leg disability, and right leg disability were all denied as not related to service or due to other pre-existing conditions.,The Veteran's claim for sleep apnea was denied. The claim for residuals of a left forearm scar was also denied.

The Veteran's claims for service connection were denied as new and material evidence was not received to reopen the previously denied claims. The claim for bilateral pes planus is granted, but the other conditions are denied.

The Board has granted service connection for left knee osteoarthritis, right knee osteoarthritis, degenerative disc disease of the thoracic and lumbar spines, and migraines. The claim for service connection for migraines is remanded.

The Board has remanded the cases due to new credible testimony regarding military sexual trauma during service, which was not considered in the May 2015 VA examination. The claims of service connection for PTSD and chronic anxiety are reopened.

The Veteran's mild scoliosis, thoracic spine with degenerative disc disease and degenerative joint disease (back condition) is granted a 20 percent disability rating prior to November 2, 2017. A higher rating is denied from that date forward.

The Veteran was granted a TDIU from June 22, 2016 to June 5, 2019 due to his service-connected disabilities. The issue of TDIU subsequent to June 5, 2019 is dismissed as moot.

The Veteran's low back strain was rated at 20% from July 2011 to December 2015, and denied a higher rating since May 2017.

The Board has remanded the Veteran's claims for service connection and increased rating of migraines, left hip replacement, right hip replacement, and back disability due to inadequate VA opinions. The Veteran is not entitled to a higher rating for her migraines as they do not meet the criteria for a higher evaluation.