Back / lumbar spine decisions — 2020

The Board has remanded the claims of service connection for a back disability and hypertension due to insufficient evidence regarding the specific periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA) during which these conditions may have developed. The appellant's National Guard service is involved, but clarification on the relevant ACDUTRA/INACDUTRA period is needed for proper adjudication.

The appeal for service connection of an acquired psychiatric disorder, to include PTSD, anxiety and depression is dismissed. Service connection for a left knee disorder, right knee disorder, and back disorder are denied. Service connection for dermatophytosis of the left foot and right foot is also denied.

The Board denied service connection for various conditions, including chloracne, hyperhidrosis, fibromyalgia, bilateral knee disability, lumbar spine disability, nasal disability (chronic nose bleeds), and eye disability (blurred vision). The reasons given were that the evidence did not support a link between these conditions and service or any presumptive exposure to Agent Orange.

The Veteran's claims for service connection for low back disability and right knee condition have been granted.,However, the decision is mixed as both conditions were found to be preexisting and not aggravated by service.

The Veteran's hypertension, lumbar spine disorder, and left knee arthritis were not found to be service-connected.,His seizure disorder was rated at 10 percent but the Board did not find it disabling enough for a higher rating.

The Veteran's low back disability is currently rated as 20 percent disabling. The Board has found that the criteria for a temporary total disability rating have been met, effective June 12, 2018 to August 12, 2018. However, his claim for an increased rating and TDIU remains pending due to insufficient evidence.

The Veteran's claims for service connection for radiculopathy of the right and left lower extremities, as well as degenerative arthritis of the lumbar spine, were granted with effective dates set at October 25, 2017. However, these decisions are being remanded due to additional evidence not having been considered.,The Veteran's claims for service connection for hypertension and unspecified cerebral ischemia are also being remanded.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities was denied as his conditions do not render him helpless enough to require such assistance.

The Board has ordered additional development for the claims of service connection for diverticulitis and a back disability due to conflicting opinions from previous VA examiners. The Veteran's symptoms need further clarification, particularly regarding his digestive issues since service.

The Board has determined that the Veteran's current lumbar spine disability is related to his active service, granting service connection.

The Veteran's lumbosacral strain, right and left lower extremity radiculopathy, and bowel incontinence have been granted ratings of 40 percent each since June 22, 2009.

The Board has determined that a higher rating for degenerative arthritis of the lumbar spine is not warranted based on current medical evidence, as the Veteran's range of motion and symptoms do not meet criteria for a higher rating.

The Veteran's back disability was previously rated at 40%, and the RO reduced it to 20%. The Veteran requested restoration of his original rating, which was granted. However, a higher rating is still needed due to potential worsening since the last examination in 2017.

The Veteran's claim for an increased evaluation of his service-connected low back disability is remanded due to the need for updated VA treatment records and a current examination.

The Veteran's TDIU claim is remanded due to the need for additional medical opinions and treatment records, as well as consideration of referral for an extraschedular rating.

The Board has denied the Veteran's claims for service connection for COPD and a back disability. The decision on COPD is due to lack of evidence linking it to service, while the back disability claim requires additional examination and opinion.

The Board has remanded the claims for increased evaluations of service-connected lumbar and cervical spine injuries, as well as the issues regarding secondary service connection for left hip and leg disorders.,No specific rating assigned in this decision.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no direct evidence linking these conditions to his active duty service. The Board noted a significant gap in treatment records between the motor vehicle accident in 1970 and the onset of symptoms in 2006.

The Board has decided that a disability rating in excess of 30 percent for service-connected degenerative disc disease of the lumbar spine is not warranted. The case is being remanded to provide the Veteran with a VA examination that complies with the holdings in Sharp and Correia.

The Board has remanded the case due to an inadequate VA examination for assessing the current severity of the Veteran's service-connected lumbar spine DDD. The Veteran will need a new orthopedic examination to provide range of motion measurements in both weight-bearing and non-weight-bearing circumstances.