Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for lumbar spine disorder, left foot disorder, right lower extremity peripheral neuropathy, and left lower extremity peripheral neuropathy due to inadequate medical opinions based solely on the absence of in-service treatment or findings.

The Veteran's right foot disability, hip disability, and lumbar spine disability are all found to be service-connected.,Secondary service connection is granted for the Veteran’s lumbar spine disability as it is proximately due to his right foot and/or right hip disabilities.

The Veteran's claims for service connection for right hip disability and lumbar spine disability have been granted. The Board has determined that new and material evidence was received to reopen these previously denied claims.

The character of the Veteran’s discharge from service has been upgraded to 'under honorable conditions (general)' by the Army Board for Correction of Military Records, removing any prior bar to VA benefits. The issues regarding PTSD, right and left ear hearing loss, tinnitus, and a back disorder are referred to the AOJ for appropriate action.

The Board has granted the Veteran's petition to reopen her claim of service connection for a gastrointestinal disability. The claims of service connection for an acquired psychiatric disorder, traumatic brain injury, lumbar spine disability, left hip disability, and sleep disorder (sleep apnea) are remanded.

The Veteran's tinnitus is currently rated at 10 percent, which is the maximum rating authorized under DC 6260. The appeal for a higher initial disability rating for tinnitus must be denied.,The Veteran contends that he has a left leg muscle disability related to his military service and/or secondary to his service-connected varicose veins. Further examination is needed to determine if such condition exists, its etiology, and whether it is caused or aggravated by the service-connected varicose veins.,The Veteran claims entitlement to an initial compensable rating for dry eye syndrome. Additional VA treatment records are required to ascertain the current level of severity of his disability.,The Veteran contends that he has a hemorrhoids condition which should be rated initially as compensable. Outstanding VA treatment records must be obtained and reviewed before scheduling a new examination to determine if such condition exists, its etiology, and whether it is caused or aggravated by any service-connected disabilities.,The Veteran asserts entitlement to an initial rating in excess of 10 percent for his service-connected Wolff-Parkinson-White syndrome. Additional VA treatment records are needed to ascertain the current level of severity of this disability.,The Veteran contends that he has left and right leg varicose veins which should be rated initially as compensable. Outstanding VA treatment records must be obtained and reviewed before scheduling a new examination to determine if such conditions exist, their etiology, and whether they are caused or aggravated by any service-connected disabilities.,The Veteran claims entitlement to an initial rating in excess of 10 percent for his service-connected left wrist tendonitis. Additional VA treatment records are needed to ascertain the current level of severity of this disability.,The Veteran contends that he has right wrist tendonitis which should be rated initially as compensable. Outstanding VA treatment records must be obtained and reviewed before scheduling a new examination to determine if such condition exists, its etiology, and whether it is caused or aggravated by any service-connected disabilities.,The Veteran asserts entitlement to an initial rating in excess of 10 percent (prior to December 23, 2017) and in excess of 20 percent (from December 23, 2017) for his degenerative arthritis of the spine and lumbar sprain with spondylosis. Additional VA treatment records are needed to ascertain the current level of severity of this disability.

The Board has remanded the claims for lumbar spine disorder, right hip disorder, and left hip disorder to obtain a VA medical opinion addressing their etiology. The examiner is asked to consider whether these conditions are related to service-connected left ankle fracture and/or left leg shortening.

The Board denied service connection for left shoulder, right shoulder, low back, and small intestinal resection conditions. Service connection was granted for a right upper back scar.

The Veteran's TDIU claim has been granted, effective from October 1, 2007.,His increased rating claim for DDD with arthritic changes prior to December 8, 2016, and his claim for a rating in excess of 40 percent thereafter have been dismissed.

The Board has remanded the claims for service connection for back and neck disabilities due to incomplete investigation of the Veteran's reported in-service injury. The AOJ is instructed to contact the JSRRC to verify the claimed inservice injury and obtain any missing morning reports.

The Board has denied the Veteran's claims for service connection for flat feet and toe disability due to a lack of current disabilities. The claims for PTSD, right shin disability, left shin disability, low back disability, right ankle disability, and left ankle disability are remanded as there is evidence suggesting in-service injury or symptoms.,The Board has denied the Veteran's claim for service connection for thyroid, to include hypothyroidism and scars status-post thyroidectomy due to a lack of current disabilities. The claim for this condition is also remanded.

The Board has remanded the Veteran's claims for service connection, increased rating, and TDIU due to incomplete development and need for additional medical opinions.

The Veteran's claim for a higher rating for his lumbar strain disability is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.,A separate zero percent evaluation has been granted for erectile dysfunction, which the Veteran asserts is secondary to his service-connected back disability.

The Veteran's claim for increased ratings for his service-connected lumbar spinal stenosis with degenerative disc disease and intervertebral disc syndrome is remanded due to insufficient treatment records and the need for a new examination.

The Veteran's lumbar spine disability is rated at 20 percent from June 9, 2010 to March 18, 2020 and denied a higher rating. The left leg radiculopathy associated with the lumbar spine DDD is also denied.,For the period after March 18, 2020, the Veteran's lumbar spine disability warrants a 40 percent rating. However, his DJD of the left hip remains at 10 percent.

The Veteran's second period of service from May 1986 to October 1992 was other than honorable (OTH), and his character of discharge is a bar to VA benefits.,Service connection for a pulmonary disability, including asthma and bronchitis, hepatitis C, tinea pedis, right ankle disorder, low back disorder, right shoulder disorder, and right knee disorder are all denied.

The Board has denied the Veteran's claim for service connection for a lumbar spine disorder with radiculopathy as it found no evidence of an in-service injury or chronic condition, and the continuity of symptoms since service is not credible.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities such as bilateral leg disability, lumbar spine disability, cervical spine disability, bilateral hearing loss, and an acquired psychiatric disability. The VA examinations were insufficient due to missing VistA images of MRI scans from 2007-2008, and new examinations are needed.

The Veteran's claims for various conditions and disabilities have been denied. The Board has not assigned a maximum disability rating, which remains before the Board.

The Board has determined that additional development is needed for the Veteran's claims of service connection and increased evaluations for his left shoulder disorder, upper and mid-back disorder, migraine headaches, and left knee disability. The issues are being remanded to allow for further examination and evaluation.