Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claim for a higher rating for his cervical spine disability due to inadequate examination and missing records. The Veteran is seeking an increased rating beyond what was granted in March 2020.

The Board has remanded the Veteran's claims for left eye retinal detachment, left eye cataract, sleep apnea, and a back disability due to incomplete evidentiary development. The AOJ is instructed to obtain relevant medical records from institutions where the Veteran was incarcerated during his incarceration periods.

The Veteran's claims for a compensable disability rating and an initial increased rating for thoracolumbar degenerative disc disease, as well as his claim for total disability based on individual unemployability (TDIU), are dismissed due to the death of the Veteran.

The Board has remanded the case for further development, including obtaining VA medical records and conducting a VA examination to assess the Veteran's thoracolumbar spine degenerative arthritis with strain. The initial evaluation for allergic rhinitis remains granted at 10 percent.

The Board has remanded the Veteran's claims for service connection and evaluation of his lumbar spine disability, bilateral foot disabilities, bilateral peripheral neuropathy, and left knee degenerative arthritis due to inadequate compliance with previous remand directives.

The Veteran's claims for service connection and secondary service connection for various conditions, including lumps under the arms, swollen legs, low back disorder, and sleep apnea as secondary to sarcoidosis with pulmonary involvement, have been denied. The Board found no current disability for 'lumps' under the right and left arms.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his ankle, foot, and knee disabilities. The issues of peripheral neuropathy are also being remanded as they are inextricably intertwined with the back disability.

The Veteran's appeals for increased ratings and service connection were denied. The rating for thoracolumbar strain with scoliosis and osteoarthritis of the lumbar spine was denied as it did not meet the criteria for a higher rating. A compensable rating was granted for patellofemoral pain syndrome, left knee. The Veteran's appeals for increased ratings for right knee osteoarthritis and residuals of right ankle fracture were also denied.

The Veteran's service-connected conditions do not prevent him from securing and following a substantially gainful occupation.

The Board has granted the Veteran's claim for service connection for ankylosing spondylitis of the lumbosacral spine, finding that it is etiologically related to his active duty service.

The Board has remanded the claims for service connection due to new evidence submitted by the Veteran, which raises a reasonable possibility of substantiating his claim. The low back disability is related to two in-service motor vehicle accidents (MVAs). The acquired psychiatric disorder is currently diagnosed as an adjustment disorder with mixed anxiety and depressed mood.

The Board has granted service connection for a low back disability and radiculopathy of the bilateral lower extremities, finding that these conditions are at least as likely as not related to the Veteran's active service. Service connection was denied for enlarged prostate with benign prostatic hypertrophy due to lack of evidence linking it to herbicide exposure.

Your claim for service connection for degenerative disc disease of the lumbar spine has been granted, but it is dismissed because the benefits sought on appeal are now fully granted.

The Board has remanded the Veteran's claims for left hamstring and lumbar strain disabilities due to a lack of proper notification regarding scheduled VA examinations. The issues include seeking higher disability ratings for these conditions.

The Veteran's migraine headaches are caused and aggravated by her service-connected PTSD, fibromyalgia, and anemia.,There is no evidence of a current diagnosis related to the Veteran’s reduced sex drive. The claim for this condition is denied.,The Veteran's painful scar on the right wrist warrants a 10 percent disability rating due to its pain but not instability or limitation of function.,The linear scar on the right wrist does not meet the criteria for an increased disability rating as it does not exceed 6 square inches in area and is not unstable or painful.,Anemia has been rated at 10 percent since November 2018, with no evidence of improvement to warrant a higher rating.,Fibromyalgia was previously rated at 20 percent but the Veteran's symptoms do not meet criteria for an increased disability rating as they are present more than one-third of the time and not constant or refractory to therapy.,Lumbar strain has been rated at 20 percent since January 10, 2020. The claim is remanded due to a lack of evidence showing improvement in function.,Left lower extremity radiculopathy was previously rated at 20 percent but the Veteran's symptoms do not meet criteria for an increased disability rating as they are present more than one-third of the time and not constant or refractory to therapy.,Costochondritis has been rated at 30 percent since January 10, 2020. The claim is remanded due to a lack of evidence showing improvement in function.

The Board denied service connection for back disability, left knee disorder, and right knee disorder as there was no evidence of a pre-existing condition or continuity of symptomatology since service.

The Veteran's low back disability and left/right lower extremity radiculopathy were rated, with the right lower extremity radiculopathy receiving a higher rating effective October 24, 2019.

The Board denied service connection for various conditions, including obstructive sleep apnea, low back condition, bilateral knee and ankle conditions, bilateral hearing loss, tinnitus, diabetes mellitus, erectile dysfunction, and hypertension. The decision also remanded the claim for a higher rating for adjustment disorder with mixed anxiety and depressed mood.

The Veteran's claim for a rating in excess of 40 percent for his lumbar degenerative disc disease (back disability) was denied. The claim for TDIU from the effective date of August 4, 2009, was granted.

The Board has granted service connection for a low back disability. The claims for left and right ankle disabilities are remanded due to the need for additional development, including obtaining medical opinions regarding their etiology.