Back / lumbar spine decisions — 2020

The Board has granted service connection for left knee, left hip, and lumbar spine degenerative arthritis as secondary to the Veteran's service-connected right knee and hip disabilities.

The Board denied the Veteran's claims for service connection for left knee disability, right knee disability (secondary to left knee), low back disability (secondary to bilateral knee and low back disabilities), and acquired psychiatric disorder (secondary to bilateral knee and low back disabilities). The evidence did not support a finding of direct service connection for any of these conditions.

The Board has remanded the Veteran's claims for bilateral hearing loss and lumbar spine disability due to insufficient evidence. The Veteran needs a new VA examination for his hearing loss, and an addendum opinion is needed regarding the relationship between his lumbar spine disability and service.

The Veteran's appeals for higher initial evaluations for lumbar spine strain, left achilles tendonitis, right foot third tarsal/metatarsal arthropathy, right shin splints, and left shin splints have been dismissed as the Veteran has agreed with the assigned evaluations.

The Veteran's ED and DDD of the cervical spine were granted service connection. The Veteran was also awarded a disability rating of 20 percent for his DDD of the cervical spine.

The Veteran's claims for increased evaluations of his service-connected lumbosacral radiculopathy and lumbosacral strain with degenerative disc disease have been remanded due to insufficient evidence. The current ratings are found to be appropriate.

The Veteran's service connection for unspecified depressive disorder was granted effective July 20, 2017. The higher initial rating of 50 percent for the depression has been denied. An increased disability rating in excess of 40 percent for degenerative arthritis of the spine, retrolisthesis with vertebral wedging, and a separate compensable rating for right knee instability have also been denied.

The Board has denied a higher rating for the Veteran's lower lumbar spine scar and remanded the evaluation of his left lower extremity radiculopathy. The TDIU issue is also being remanded due to its inextricable link with the radiculopathy issue.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of the appeals. The Board did not find any errors in the decisions.

The Veteran's claims for service connection for TBI, an initial compensable rating for PFB, and a higher rating for lumbosacral strain were denied. The claim for service connection for TBI was reopened due to new evidence submitted by the Veteran.

The Board has remanded the case due to a failure to obtain relevant service treatment records, specifically the Veteran's 1971 Report of Medical History and Report of Medical Examination at separation/retirement. The AOJ is instructed to attempt to secure these records.

The Board denied service connection for a left shoulder disability and denied an increased rating for lumbosacral strain and arthritis of the thoracolumbar spine. The Veteran's current disabilities do not meet or approximate the criteria for higher ratings under VA regulations.

The Board has remanded several issues related to the Veteran's service connection claims, including those for diabetes mellitus and hypertension. The specific issues are: service connection for a low back disability, service connection for diabetes mellitus, rating in excess of 10 percent for hypertension, increased ratings for degenerative joint disease of the right index finger, and fracture of the right fifth metacarpal.

The Board has remanded the claims for increased ratings for lumbar spine disability and associated radiculopathy, as well as TDIU. A new VA examination is needed to assess the current severity of these conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions and new evidence. The Veteran is presumed exposed to herbicide agents in Vietnam, but his GIST does not meet the definition of a soft tissue sarcoma.

The Board has remanded four issues related to the Veteran's service connection claims for tonsil disorder, abnormal ventricular contractions with residuals, low back pain, and a respiratory disorder. The AOJ is instructed to obtain missing Social Security Administration records and VA treatment records from February 2019 onwards. Additionally, new VA examinations are needed for the tonsil disorder, heart disorder (abnormal ventricular contraction), low back disorder, and respiratory disorder.

The Board has denied the Veteran's claim for service connection of a low back disability, finding that there is no evidence to support his contention that he incurred such a condition during active duty or that it was related to any in-service injury. The preponderance of the evidence indicates that the current low back disability began after service and is more likely due to work-related injuries and obesity.

The Veteran's type 2 diabetes mellitus is granted as service connected.,The Veteran's left shoulder disability is granted as service connected.

The Veteran's service connection claims for cystitis, onychomycosis, and lumbosacral DJD have been denied. The initial disability rating of 40 percent for lumbosacral DJD from June 12, 2008 to July 24, 2009 has been granted.

The Veteran's back pain and bilateral knee osteoarthritis are found to be related to his active duty service. Service connection is granted for these conditions.,Service connection is also granted for the Veteran's bilateral pes planus, as it was aggravated by his military service.