Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for further medical examinations. The issues include flat feet, neuropathy of the lower extremities, knee disabilities, neck disability, and back disability.

The Board has determined that the RO did not fully comply with prior remand directives and has therefore ordered further action on three issues: reopening of a back disorder claim, service connection for bilateral hearing loss, and an increased evaluation for scaphoid lunate advance collapse. The Veteran is required to provide additional medical records and undergo examinations.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for low back disorder and right leg nerve disorder. The claims are remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Board denied the Veteran's claim for an earlier effective date for TDIU due to service-connected disabilities, finding that it was not factually ascertainable that he was unemployable prior to January 21, 2009.

The Board has decided to remand the case for further development and evaluation of the Veteran's claim for service connection for a back disability, including as secondary to his service-connected right knee disability. The new examination must consider the impact of the Veteran's stoop lifting due to his knee disability on his low back.

The Veteran's low back disability, diagnosed as degenerative spondylosis of the lumbosacral spine, was characterized by constant pain and limited range of motion. The Board denied a rating in excess of 20 percent due to lack of evidence showing forward flexion of less than 30 degrees or ankylosis.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and evidence.

The Board denied the Veteran's claims of service connection for hypertension, a back condition, and bilateral hip conditions. The Board found that there was no evidence linking these conditions to his active duty service.

The Board has decided that the Veteran's low back disability and acquired psychiatric disorder (depression) are related to service, but needs further examination for a definitive opinion.

The Board has granted service connection for a low back disorder, finding that the Veteran's symptoms of low back pain have been continuous since his separation from active duty service. The decision is based on continuity of symptomatology and presumptive service connection.

The Board has denied the Veteran's claims of service connection for left knee, left shoulder, low back, and right hand disabilities due to a lack of evidence showing these conditions began during or were otherwise related to his military service.

The Board has granted service connection for the Veteran's degenerative arthritis of the lumbar spine, finding that it is at least as likely as not related to his in-service military service.

The Veteran's claims for an abdominal scar and a higher rating for his thoracolumbar spine disability have been dismissed because the Veteran did not file a timely substantive appeal.

The Veteran's lumbosacral strain is rated at 40 percent, but no higher, due to functional loss of forward flexion to 30 degrees or less. The Board found the Veteran’s symptoms more closely approximated a 40 percent rating and denied any claim for an increased rating.

The Veteran's appeals for higher ratings for his degenerative arthritis of the lumbar spine, right total knee arthoplasty, and left total knee arthroplasty were denied. The Board found that the evidence did not support a rating in excess of 20 percent for the lumbar spine or any other condition.

The Board has denied the Veteran's claims for service connection for right knee, left knee, and lower back disorders due to a lack of evidence showing these conditions are related to his military service.

The Veteran's lumbar spine disability is rated at 40 percent from February 3, 2016. Separate ratings of 20 percent are granted for radiculopathy of the right and left lower extremities involving the sciatic nerve and femoral nerve associated with the lumbar spine disability. The Veteran’s right ankle disability remains rated at 10 percent.

The Veteran's bilateral lower extremity radiculopathy and right lower extremity lumbar radiculopathy are related to his service-connected back disability. However, the evidence does not support a finding that the Veteran's sleep apnea is causally related to his service.

The Veteran's claim for service connection for PTSD has been reopened and granted.,The Veteran's claims for increased rating for lumbosacral spine strain, service connection for pulmonary embolism, and service connection for right lower extremity neuropathy are remanded. The TDIU claim is also remanded.

The Veteran's claim for an increased rating in excess of 50 percent for PTSD was denied. The Board found that the Veteran’s symptoms, while impairing his occupational and social functioning, did not meet the criteria for a higher rating.,The Veteran's claim for service connection for a chronic back disability was reopened due to new evidence provided by a military colleague who served with him in Vietnam.