Back / lumbar spine decisions — 2020

The Board has granted service connection for left ear hearing loss and lumbar spine disabilities, but remanded the issue of a compensable disability rating for right ear hearing loss.

The Board has remanded the service connection claims for hip and low back disorders due to insufficient medical opinion regarding aggravation of these conditions by a pre-existing left ankle disorder.

The Board has remanded the Veteran's claims for lumbar spine degenerative disc disease, left and right lower extremity radiculopathy, and TDIU due to insufficient examination findings. The case will be returned to the AOJ for further development.

The Board has remanded the Veteran's claims for service connection due to inability to obtain VA examinations because of incarceration. The RO is instructed to make reasonable attempts to arrange an examination at the prison by VHA personnel, prison medical providers at VA expense, or fee-basis providers contracted by VHA.

The Board has granted service connection for bilateral carpal tunnel syndrome and a lower back disability, finding that the Veteran's current conditions are related to his military service. The decision is based on medical opinions provided by private physicians who have linked the Veteran's disabilities to his in-service injuries.

The Veteran's service-connected disabilities, including dysthymic disorder, lumbar strain with degenerative disc disease, left and right hip strains, left and right knee strains, and corneal scar of the right eye, are found to be sufficient for a TDIU rating on an extraschedular basis.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 40 percent from April 28, 2008 to March 8, 2020. The claim for a higher rating is denied from March 9, 2020 forward.

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

The Board has determined that additional development is needed to determine the etiology of the Veteran's left knee and low back disorders, as well as whether they are related to his service-connected right knee disability. The case will be remanded for further examination and opinion.

The Veteran's lumbar spine DDD with IVDS is granted a 60 percent rating from April 29, 2014 to November 5, 2019 and a 40 percent rating thereafter. A TDIU was also granted for the period from January 7, 2013 to February 3, 2014.

The claim for service connection of low back disorder, right lower extremity sciatica, and left lower extremity sciatica has been reopened. The Veteran's testimony and a private treatment letter indicate possible etiological links to service. A VA examination is needed to determine the nature and etiology of these conditions.

The Board denied the Veteran's claims of service connection for joint disabilities and headaches, finding that there was no evidence linking these conditions to his active duty service or any service-connected disability.

The Board denied the Veteran's claims for service connection for a back disorder and increased ratings for his right shoulder, left knee, and right knee disabilities. The evidence did not support granting these claims.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the disability rating for degenerative arthritis, status post lumbar spine diskectomies.

The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 due to concerns about the increase in dosage of Gabapentin and its potential impact on his left eye, lumbar spine, and psychiatric conditions.

The Veteran's claim for a higher rating for his lumbar spine disability was granted for the period from September 6, 2016 to November 4, 2019. The appeal is denied for any rating in excess of 40 percent.

The Board has determined that the Veteran's back disability is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case due to insufficient examination and opinion regarding the Veteran's claimed degenerative disease of the lumbar spine, specifically addressing his in-service complaints and treatment.

The Board has remanded the cases for further development, including scheduling VA examinations to determine if the Veteran's lumbar DDD and COPD are related to service.

The Board has reopened the Veteran's claim for service connection of a back disability and granted a rating of 70 percent for PTSD. The issues of service connection for a back disability and entitlement to TDIU are remanded.