Back / lumbar spine decisions — 2020

The Board has decided that there is not enough evidence to determine if the Veteran's degenerative disc disease of the lumbar spine was incurred during his active service. The case is being sent back for further examination and opinion.

The Board has remanded the Veteran's claims for further development due to new evidence obtained from service treatment records and personnel records.

The Board has remanded the case due to the need for a retrospective opinion regarding neurological effects of the service-connected lumbar spine disorder and an attempt to obtain private treatment records.

The Board has determined that further clarification and medical guidance are needed regarding the nature of the Veteran's service-connected low back disability, including whether other conditions such as lumbosacral DDD or scoliosis should be considered part of her current service-connected entity. The case is being remanded for a VA examination to clarify these issues.

The Veteran's appeal for service connection for degenerative arthritis, thoracolumbar spine, secondary to cervical spine degenerative joint disease has been dismissed as the claim is not before the Board. The appeals for bilateral hand and wrist condition and bilateral foot and ankle condition are remanded.

The Veteran's back disability has not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees. The claim for an evaluation in excess of 10 percent for service-connected back disability is denied.

The Veteran's claims for bilateral hearing loss, bilateral pes planus, and shoulder disabilities were denied. The claim for a back disability was not addressed as it is considered part of the service-connected fibromyalgia.

The Veteran's claims for service connection for low back disability and right eye weakness have been reopened, and the Board has granted them. The appeals to increase ratings for hand dermatitis, generalized anxiety disorder (prior to February 13, 2018), essential tremor of the right hand, essential tremor of the left hand, and special monthly compensation at the housebound rate are all pending.,The Veteran's low back disability has been remanded due to insufficient evidence. The Veteran's right eye weakness claim is also being remanded.

The Veteran's service-connected diabetes mellitus and musculoskeletal disabilities are found to be the primary cause of his obstructive sleep apnea, which is granted as secondary.

The Board has remanded several claims due to the need for additional development, including obtaining medical records and providing updated opinions from VA examiners.

The Veteran's appeals for service connection and increased rating were denied. Service connection was not granted for right ankle disorder, left leg disorder, or back disorder due to lack of evidence linking these conditions to service. The Veteran's other specified trauma and stressor related disorder was rated at 70 percent.

The Veteran's left knee disability, thoracolumbar spine strain with IVDS, right and left lower extremity radiculopathy have all been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Board has denied an initial rating in excess of 30 percent for migraine headaches and has remanded the issues of service connection for a skin disability, bilateral hip disability, low back disability, and bilateral knee disability.

The Veteran's claim for a higher rating for major depressive disorder was denied as his symptoms did not meet the criteria for a disability rating in excess of 70 percent.,The effective date for service connection for lumbar radiculopathy of the left lower extremity was denied because there was no indication that the Veteran intended to apply for benefits until December 3, 2012.

The Board has granted service connection for a back disability, finding that the Veteran's current condition began during his active military service and is related to his in-service symptoms.

The Board has remanded the claims for further development and examination due to incomplete or insufficient medical opinions regarding the Veteran's claimed disabilities.

The Board has determined that a new VA examination is needed to assess the current severity of the Veteran's service-connected degenerative arthritis of the lumbar spine and intervertebral disc syndrome, as the previous examination did not adequately address functional loss due to flare-ups and repetitive use over time.

The Veteran's appeal for an increased rating for left knee degenerative arthritis with Osgood Schlatters disease with instability is dismissed. The Board also remanded the issues of initial disability rating in excess of 10 percent for degenerative disc disease of the lumbar spine and service connection for a left hip disability.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that it is not shown to be causally or etiologically related to any disease, injury, or incident during service and arthritis did not manifest within one year of discharge from active duty.

The Board has determined that the Veteran does not have a current diagnosis of shin splints or right ear hearing loss for VA purposes, and therefore service connection is denied.,The Veteran's lumbar degenerative disc disease, left knee degenerative joint disease, and right knee degenerative joint disease are likely not due to military service. The Board has also determined that the Veteran does not have a current diagnosis of blurred vision or shoulder disabilities for VA purposes.