Back / lumbar spine decisions — 2020

The Board has remanded the case for further development by the originating agency.,Service connection was denied for a left wrist disability, low back disability, right wrist sprain and status post ORIF right wrist fracture (right wrist disability), and left knee strain (left knee disability).

The Board has remanded the claims of service connection for bilateral eye disorder and back disorder due to insufficient rationale in the previous opinions. The Veteran's conditions are being reviewed again with additional medical opinions.

The Veteran's lumbar disability was previously rated at 20 percent prior to April 22, 2019 and increased to 40 percent as of that date. The Board found the evidence did not support a higher rating for either period.,For the period prior to April 22, 2019, the Veteran's disability was not shown by forward flexion limited to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or intervertebral disc syndrome with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's prostate condition, diagnosed as benign prostate hyperplasia, is not service-connected due to lack of a direct link between the condition and his military service.,For his lumbar spine disability, the Board found that there was no evidence supporting a finding that it began during service or was related to herbicide exposure. The Veteran's current 20% rating for this condition remains unchanged.

The Board denied claims for effective dates prior to May 2, 2008, for service connection of intervertebral disc syndrome (IVDS), back strain, degenerative disc disease of the lumbar spine, peripheral neuropathy of the left lower extremity, and peripheral neuropathy of the right lower extremity.

The Veteran's claim for compensation under 38 U.S.C. § 1151 has been granted, and the remaining service connection issues have been remanded.

The Board has granted service connection for a lower back disability, but the issue of foot cramping is remanded due to insufficient evidence.

The Veteran's claim for service connection for residuals of stress fracture of the bilateral inferior pubic rami, to include pain and arthritic changes is granted. The Board affirms that her current conditions are at least as likely as not related to her in-service injury.

The Board has decided to remand the cases of service connection for left foot, left hip, and back disabilities due to insufficient medical opinions addressing whether these conditions are secondary to the Veteran's service-connected left knee disability.

The Board denied separate compensable ratings for various disabilities associated with service-connected cognitive residuals of TBI, including a hand and arm disability, neurogenic bowel disorder, syncope, seizure disorder, and back disability (other than lumbar disc degeneration).

The Veteran's service connection claim for a psychiatric disorder was denied. The Board found no evidence of a diagnosed psychiatric condition.,A rating in excess of 10% for tinnitus was also denied, as the Veteran is already receiving the maximum schedular rating.

The Veteran's claim for TDIU prior to June 11, 2011 was denied as he did not meet the schedular requirements for a combined rating of 70% or more due to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examination and development of records.

The Board has denied the Veteran's claim for service connection for residuals of H. pylori infection and duodenal ulcer due to lack of a current diagnosis.,The Board granted a temporary 100 percent evaluation for treatment of his service-connected acquired psychiatric condition, PTSD.

The Veteran's service-connected low back disability, which existed at the time of her separation from service, would have warranted a discharge for disability. Therefore, she is granted basic eligibility for VA loan guaranty benefits.

The Veteran's service connection claims for a left knee disorder, right knee disability, lumbar spine disability, and bilateral lower extremity radiculopathy have all been denied. The Board found that the evidence did not support granting any of these claims.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for an addendum opinion from a VA examiner regarding whether his additional disabilities are related to VA care, treatment or examination.

The Board has remanded the issues of service connection for hypertension, bilateral hearing loss, lumbosacral degenerative disc disease, cystic skin lesions, and initial compensable rating for folliculitis barbae due to unresolved medical evidence.

The Veteran's right ankle disability was restored to a 10% rating, and the reduction in his low back disability rating from 20% to 10% effective August 7, 2015 is upheld.

The Veteran's claims for service connection for a lumbar spine disability, left hip disability, and kidney disease have been remanded due to the need for additional evidence.,The Veteran's claims for service connection for a left ankle disability, right ankle disability, left foot gout, and right foot gout are also remanded.