Back / lumbar spine decisions — 2020

The Board dismissed the appeals for service connection of lumbar spine disability, cervical spine disability, and right maxillary sinusitis due to the Veteran's death.

The Board has remanded the Veteran's claims for hypertension and low back disability due to inadequate medical opinions regarding service connection.

The Board has decided to remand the cases due to incomplete medical records, and the Veteran is asked to provide necessary release forms for VA to obtain these records.

The Board has dismissed the appeal for nonservice-connected death pension benefits and has remanded the issue of service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's back disability began during service and continues to the present, granting service connection for this condition.

The Board denied service connection for various conditions, including TBI residuals, right and left arm disorders, right and left foot disorders, a left sciatic nerve disorder, low back arthritis, and GERD. The reasons given were that there was no evidence of these conditions during or immediately after service, and the current diagnoses did not meet the criteria for service connection.

The Board denied the Veteran's claims of service connection for lower back disability, bilateral hip disability, and bilateral knee disability. The decision found that there was no evidence linking these disabilities to service or any other compensable condition.

The Veteran's low back strain with lumbar osteoarthritis is rated at 20 percent, but the Board has decided to remand for further evaluation and consideration of a higher rating.

The claim for service connection of various conditions, including low back disability, acquired psychiatric disorder, restless leg syndrome, chronic fatigue syndrome, headaches, hypothalamus disability, and others is granted. However, the rating for a thoracic spine disorder remains remanded, as does the claims for sleep disorder and acquired psychiatric disorder.

The Veteran's claims for increased ratings for his lumbar spine DDD, radiculopathy of the femoral nerve (left and right), and rhabdomyopathy/neuromyopathy of the sciatic nerve (bilateral) have been granted. He is now rated at 20 percent for each condition.

The Veteran's left shoulder osteoarthritis is rated at 20 percent since July 29, 2019. Prior to that date, the condition was rated noncompensable.,Since July 29, 2019, the Veteran’s lumbar spine condition has been rated at 20 percent.

The Board has decided that the Veteran's claim for service connection for a back disability should be remanded due to incomplete records and the need to obtain SSA records.

The Board has granted service connection for low back disability and bilateral knee disability, finding that the Veteran's current conditions are related to his active duty service.

The Board has remanded the cases for further development and examination to determine the current severity of the Veteran's service-connected disabilities, including PTSD, low back sprain, and bilateral pes planus.

The Veteran withdrew his appeals for all of his pending claims, including those related to plantar fasciitis, radiculopathy, headaches, and anxiety disorder. The Board dismissed these claims as a result.

The Veteran's service-connected disabilities do not render him unemployable, as he has maintained employment through the VA Compensated Work Therapy program and does not desire to work.

The Board has reopened the claims for service connection for tinnitus, bilateral hearing loss disability, lumbar spine disability, and psychiatric disorder. The Veteran's tinnitus is granted as it is at least as likely as not related to exposure to acoustic trauma during active duty. Service connection for a bilateral hearing loss disability, lumbar spine disability, left knee disability, right knee disability, and psychiatric disorder are remanded due to the need for further examination and opinion.

The Veteran's claim for service connection for a low back condition is granted, and the effective date of this grant is July 21, 2020. The Veteran's PTSD is rated at 70 percent disabling since October 18, 2018, with an earlier effective date denied due to lack of prior claim. A TDIU rating is also granted.

The Veteran's claims for service connection on multiple issues are being remanded due to the need for additional medical evidence and opinions.

The Board has remanded the Veteran's claims for a noninitial disability rating in excess of 20 percent for her service-connected lumbar spine disability and entitlement to a TDIU due to procedural issues, lack of compliance with previous remand directives, and the possibility that she may have been unemployed during this period.