Back / lumbar spine decisions — 2020

The Board has remanded the case due to incomplete records from Social Security Administration (SSA). The Veteran's low back disorder claim will be reconsidered with these additional records.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence linking his current condition to his military service.

The Veteran's left knee disability is granted service connection. For the period since January 9, 2018, a higher rating of 60 percent for his lumbar spine disability is granted and a separate rating of 10 percent for a neurological abnormality affecting the left lower extremity associated with the lumbar spine disability is granted. A TDIU is granted from this date onwards.

The Veteran's service-connected lumbar spine spondylolisthesis is granted at a 40% evaluation, effective from the date of the decision. The claims for higher evaluations of left and right knee DJD are denied. Service connection for a left hip disorder and SMC based on aid and attendance prior to February 27, 2020 are remanded.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements regarding his in-service back strain and chronic symptoms since service.

The Board has remanded the Veteran's claims for increased ratings for peripheral neuropathy of the bilateral lower extremities and his claim for a TDIU due to outstanding VA treatment records and an assessment of the aggregate effect of his service-connected disabilities on his functionality.

The Veteran's tinnitus is granted service connection, but his hyperlipidemia (high cholesterol) and other conditions are denied. The Board has remanded for further review of the remaining issues.

The Veteran's claims for effective dates prior to specific dates are being remanded due to the need for additional evidence.

The Veteran's claims for increased ratings for migraine headaches, degenerative disc disease of the lumbar spine, and PTSD have been denied. The Veteran was granted a TDIU effective October 1, 2018.,The Board found that the Veteran did not meet the criteria for a disability rating in excess of 30 percent for migraine headaches or 40 percent for degenerative disc disease of the lumbar spine due to failure to report for scheduled VA examinations. The Veteran's PTSD was rated as 70 percent disabling, but denied an increased rating.

The Board has decided that the Veteran's claims for service connection for lower back condition and left leg pain condition (secondary to lower back condition) must be remanded due to inadequate medical opinions and lack of VA examinations.

The Board has remanded the Veteran's claims for service connection for right knee disability, left knee disability, peripheral neuropathy of upper extremities associated with degenerative disc disease of lumbar spine, and peripheral neuropathy of lower extremities associated with degenerative disc disease of lumbar spine due to inadequate VA examination.

The Board has granted service connection for the Veteran's low back disability, diagnosed as lumbar spine degenerative joint disease, finding that it is aggravated by his service-connected right ankle fracture with degenerative arthritis status post fusion.

The Veteran's appeal for various initial disability ratings related to his service-connected conditions has been dismissed as the Veteran requested withdrawal of all issues on appeal.

The Board has remanded both claims of service connection for the Veteran's lower back disability and bilateral lower extremity radiculopathy, as these claims are inextricably intertwined due to the underlying low back disability. The remand requires additional medical opinion regarding the etiology of the Veteran’s lower back disability.

The Board has granted secondary service connection for cervical spine and lower back disabilities, finding that these conditions are aggravated by the Veteran's service-connected sarcoidosis and Sjogren’s Syndrome.

The Veteran's major depressive disorder with schizotypal personality disorder is rated at 70 percent, which does not meet the criteria for a higher rating.,The Veteran's thoracolumbar spine scoliosis with degenerative joint disease with strain and disc bulge was initially rated at 10 percent prior to March 19, 2014, and is currently rated at 20 percent from that date. Neither of these ratings meet the criteria for a higher rating.

The Board has determined that the Veteran's degenerative intervertebral disc, claimed as a back condition, was caused by his military service and granted service connection for this condition.

The Board has denied the Veteran's claims for service connection for residuals of a TBI and bilateral foot condition, but has remanded the case for further development regarding his lumbar spine condition.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his current condition is related to his in-service symptoms and that there is continuity of symptomatology since service.

The Board has decided to remand the case for additional development and consideration of the Veteran's claims, including those related to his right hip, hearing loss, numbness in the left lower extremity, lumbar spine disability, sciatica, ankle laxity, insomnia, and blepharitis.