Back / lumbar spine decisions — 2020

The Veteran's right foot and leg nerve damage, as well as his back disorder, are not considered to be caused by the March 2011 surgery performed at Phoenix VA HCS. The decision is denied.

The Board has remanded the Veteran's claims for various issues related to his spine, wrist, and hip conditions due to new evidence submitted after a previous decision.

The Veteran's claims for service connection for PTSD, back disorder, left knee disorder, and right knee disorder are denied. The Board has remanded the issues of service connection for these conditions as secondary to service-connected residuals of frostbite.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and cervical spine have been denied as his disability does not meet or approximate the criteria for higher evaluations under VA rating criteria.

The Veteran's claims for service connection for a bilateral hearing loss disability, initial ratings for service-connected lumbar strain, right knee patellofemoral pain syndrome, and right shoulder tendonitis, as well as a compensable rating for migraines, were denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for the service-connected lumbosacral strain was also denied.

The Veteran's appeal for an increased rating for cervical strain was dismissed as the Veteran withdrew their appeal.

The Board has decided to remand the cases of service connection for a right foot disability and a back disability due to insufficient medical opinions regarding their relationship to service.

The Veteran's claims for increased ratings for his back, left ankle, and right knee conditions have been denied. The Board found that the evidence did not support a higher rating than what was currently assigned.

The Veteran's claim for a higher rating for degenerative disc disease of the spine was denied, and his claim for a 30 percent rating for right ankle degenerative arthritis was granted.

The Board has remanded the claims for service connection for low back disability, right leg sciatica, and left leg sciatica due to inadequate development in a previous remand. The Veteran's lay testimony and medical records indicate he experienced back pain following service and during post-service visits. A new opinion is needed from an orthopedist regarding the etiology of his current diagnosed conditions.

The Veteran's claims for increased ratings for various service-connected disabilities, including hearing loss, anxiety disorder, headaches, sleep apnea, shoulder strain, vertigo, back issues, sciatica, and nerve damage in the upper extremities, were denied. The Board found that there was no evidence of current disability for some conditions (e.g., left ear hearing loss) or insufficient symptoms to warrant higher ratings.

The Board has remanded the claims for service connection due to outstanding records from Korea. The Veteran's service treatment records are incomplete and need to be obtained directly from the Army base in Korea where he was stationed.

The Board has granted service connection for degenerative arthritis of the lumbar spine, right knee, and left knee on a direct basis, finding that these conditions are as likely as not attributable to in-service injuries sustained while parachuting.

The Veteran withdrew his appeals for all issues currently before the Board, including those related to increased ratings and TDIU.

The Board has remanded the Veteran's claim of service connection for a cervical spine disability beyond that of cervical strain, including degenerative disc disease, cervical radiculopathy, and arthritis due to conflicting opinions on the etiology of his condition. The case is now pending with instructions to obtain an adequate opinion considering the Veteran's lay statements regarding symptoms prior to 1987.

The Board has remanded the claims for a right knee disability and back disability to obtain new VA examinations to determine if these conditions are related to service or secondary to a service-connected condition.

The Board denied the claim for TDIU due to insufficient evidence showing that the Veteran's service-connected disabilities alone render him unable to secure and follow a substantially gainful occupation.

The Veteran's bilateral knee osteoarthritis, left shoulder arthritis, digestive issues (chronic constipation), and low back condition with lower extremity neuropathy were not shown as chronic in service or within the applicable presumptive period. Continuity of symptomatology is not established; and the disabilities are not otherwise etiologically related to an in-service injury or disease.,The Veteran's bilateral tinnitus has been assigned a 10 percent rating, which is the maximum schedular rating authorized under Diagnostic Code (DC) 6260.

The Board has remanded the Veteran's claims for further development due to inconsistencies in the range of motion findings and need for a retrospective opinion regarding pain on motion. The TDIU claim is also deferred until the increased rating claims are resolved.

The Veteran's appeal is remanded for additional development, including obtaining a new VA examination to assess the severity of his bilateral hearing loss and whether his depressive disorder is related to his service-connected disabilities.