Back / lumbar spine decisions — 2020

The Board has decided to remand the claims for tinnitus, bilateral hearing loss, left knee disorder, and back disorder due to incomplete medical records. The AOJ is instructed to attempt to obtain these records and then schedule VA examinations if necessary.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions.

The Veteran's lumbar spine disability is rated at 20 percent since June 10, 2019. The Board found that the evidence supported a higher rating for this period.

The Board has reopened the claims for service connection for bilateral hearing loss, low back pain, and hammertoes. However, these claims are still remanded as additional development is needed to determine if there is a relationship between the disabilities and service.

The Board has remanded several issues for further development, including service connection claims and examinations. The Veteran's case is not ready for final decision.

The Veteran's right leg disability, nerve pain in the hip, leg and foot, and lumbar spine disability are granted as secondary to his service-connected right knee arthritis and total knee replacement.

The Board has granted restoration of service connection for low back disability and radiculopathy of the bilateral lower extremities, finding that the original decision was clearly erroneous due to insufficient evidence showing permanent aggravation during service.

The Board has remanded the claims for service connection for various conditions, including degenerative arthritis, cervical and thoracolumbar spine arthritis, chronic fatigue syndrome, and sleep apnea. The issues are being returned to the AOJ for further consideration.

The Board denied the petitions to reopen claims for service connection for low back disability and right ankle disability, finding no new and material evidence to support these claims.

The Board has remanded the claims for service connection and SMC benefits due to issues with representation. The Veteran's representative, Ms. Knoll, was not provided a copy of the March 2020 supplemental statement of the case (SSOC).

The Board has determined that the Veteran does not have a current right ear hearing loss disability as defined by VA regulations. The appeal for service connection for this condition is denied.

The Veteran's service-connected back disability with radiculopathy in both lower extremities prevents him from securing or following a substantially gainful occupation considering his education and occupational experience.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's appeal for service connection of a back disability has been dismissed due to the death of the appellant.

The Board has remanded the Veteran's claims of service connection for lumbar spine and neck disabilities due to a lack of STRs, but finds the Veteran's account credible. A VA examination is needed to determine if his current conditions are related to in-service events.

The Veteran's lumbosacral degenerative arthritis with strain is currently rated at 20 percent, effective January 27, 2020. The case is being remanded for another VA examination to determine the current nature and severity of his service-connected disability.

The Board has denied an earlier effective date for the award of a 60 percent rating for degenerative disc disease of the lumbosacral spine, and the case is being remanded to consider the Veteran's September 2010 statement requesting an increased rating.,The Court has ordered that the VA examinations and opinions concerning hypertension and kidney cysts be reconsidered due to inadequate explanations in prior VA medical opinions.

The Veteran's service connection claim for an adjustment disorder with a depressed mood was granted. The cases of respiratory and low back disorders are remanded.

Your appeal for service connection of a low back disability has been dismissed because you did not properly file an appeal with the Board.

The Veteran withdrew his appeals for right foot, left foot, and back disabilities before the Board could make a decision.