Back / lumbar spine decisions — 2020

The Board denied service connection for back, right knee, and left knee disabilities due to a lack of medical evidence linking these conditions to the Veteran's active military service.

The Board has remanded the Veteran's claims for service connection, increased ratings, and TDIU due to incomplete information and need for additional examinations. The right shoulder disability claim is related to Gulf War exposure, while the back and ankle disabilities are being examined further.

The Board has denied service connection for a bilateral shoulder disability and a back disability, finding that there is no evidence of in-service injury or disease related to these conditions.

The Board has remanded the claims for further development due to outstanding VA treatment records from the Syracuse VAMC. The Veteran's conditions will be evaluated based on new medical opinions.

The Veteran's claim for service connection for a low back disorder, claimed as back pain, is being remanded due to the need for additional medical examination and development of records.

The Veteran was granted an initial rating of 20 percent for low back strain with degenerative disc disease and facet degenerative joint disease prior to October 24, 2016. The claim for increased rating from that date forward is denied.

The Board has remanded the cases of service connection for back and right hip disabilities due to insufficient medical opinions regarding their etiology. The Veteran's reports of ongoing pain since service are not adequately addressed in the current VA examiner’s opinion.

The Veteran's claims for effective date earlier determinations have been withdrawn.,The Veteran's claims for effective date earlier determinations have been withdrawn.,The Veteran's claims for effective date earlier determinations have been withdrawn.,The Board has determined that the Veteran does not have a current disability related to his bilateral knee service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his cervical spine service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his bilateral shoulder service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his hiatal hernia/acid reflux service, and thus denied these claims.,The Board has determined that the Veteran does not have a current disability related to his GERD service, and thus denied these claims.

The Board has remanded the cases for additional development due to missing VA treatment records from March 2016 to August 2018 and December 2019 to present. The Veteran's claim for TDIU is also being remanded concurrently.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of a current disability related to his in-service football injury and noting gaps in medical records between service and post-service treatment.

The Board granted a 20 percent rating for the Veteran's lumbar spine degenerative disc disease prior to June 25, 2019 and denied entitlement to increased ratings. The Veteran was also granted a 20 percent rating for his left leg radiculopathy effective October 19, 2011.

The Veteran's claims for service connection for a bilateral hearing loss disability, back disability, and psychiatric disabilities have been granted. The Veteran is now rated at 20% for his right ankle disability.

The Board dismissed all the issues related to service connection and rating for various conditions, including posttraumatic stress disorder, low back condition, upper respiratory infection, bilateral upper extremity paresthesia, bilateral lower extremity paresthesia, fungal infection of the second digit of the right foot, toe-nail infection, left-sided chest pain, pharyngitis, headaches, and other conditions. The decision also dismissed all issues related to nonservice-connected pension and total disability rating based on individual unemployability.

The Veteran's initial claim for a higher disability rating for his lumbosacral strain was denied prior to June 7, 2018. For the period following June 7, 2018, he is granted a disability rating of 40 percent.

The Board has remanded the cases for further development and consideration due to inadequate medical opinions regarding the Veteran's left elbow, back, and shoulder disabilities. The issues of higher ratings for these conditions are being returned to the RO.

The Veteran was granted a TDIU from April 1, 2010 to April 26, 2016 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board denied a higher rating for the lumbar spine disability, granted initial ratings of 30 percent and 40 percent for RLE femoral radiculopathy and sciatic radiculopathy respectively, and granted an initial rating of 30 percent for LLE femoral radiculopathy. The effective date for TDIU was set at January 2, 2017, and SMC at the housebound rate was granted from March 27, 2017 to June 30, 2017.

The Veteran's lumbar spine degenerative disc disease and degenerative joint disease are rated at 40 percent, effective from October 24, 2017. The appeal for TDIU is dismissed, and the issue of service connection for sleep apnea secondary to PTSD and lumbar spine conditions is remanded.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted.

The Veteran's back disability is currently rated at 50 percent, but the Board finds that his condition does not meet or approximate criteria for a higher rating due to lack of incapacitating episodes.