Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings and service connection were denied. The lumbar spondylosis was rated at 20% prior to May 26, 2010, and at 40% thereafter. The right lower extremity sciatica was rated at 20%. TDIU was granted.

The Board has determined that the Veteran's back, right knee, and left knee disabilities are not related to his active service.,However, the Veteran's respiratory disability is considered at least in equipoise with service connection due to exposure to asbestos during service.

The Board has determined that the Veteran's back disability, including scoliosis and degenerative disc disease, is related to his service. However, there are conflicting medical opinions regarding whether the Veteran's other back disabilities were aggravated by service or if they pre-existed service.

The Board has remanded the case due to insufficient reasons and bases in its previous decision, specifically regarding the Veteran's lay statement about a back injury during service. The Court ordered VA to attempt to obtain additional service treatment records and schedule a VA examination for an opinion on whether the current back condition is related to military service.

The Veteran's claim for a higher rating for his service-connected low back disability is being remanded due to an inadequate May 2014 VA examination and the need for updated treatment records.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations in February 2019. The Veteran is being asked to provide private treatment records related to his knee and skin disorders, and he will be afforded new VA examinations.

The Veteran's appeal for higher ratings on several conditions has been dismissed due to the withdrawal of his appeal by his representative.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for Reiter’s Syndrome with low back pain, right knee synovitis, left thumb disability, chronic testalgia/epididymitis/urethritis, psoriasis, and keratitis. The cases are being returned for further development.

The Veteran's lumbar spine disability is rated at a 30 percent under the old rating criteria for spine disabilities, and he is granted entitlement to TDIU.

The Veteran's claim for an increased disability rating in excess of 20 percent for lumbosacral strain (spine condition) from September 28, 2016 was denied.,The Veteran's claim for a separate disability rating for radiculopathy of the left lower extremity as secondary to his spine condition is remanded.

The Board has granted service connection for bilateral patellofemoral syndrome, degenerative changes and degenerative disc disease of the lumbosacral spine with right lower extremity radiculopathy, and depression as secondary to these conditions. The decision is based on evidence showing a link between the Veteran's in-service injuries and current disabilities.

The Board denied the petitions to reopen claims of service connection for lower back disability and squamous cell carcinoma due to lack of new and material evidence.

The Veteran's appeals for service connection for sleep disturbances and chronic fatigue syndrome have been dismissed. The Board has also remanded the claims for service connection for bilateral hearing loss, left shoulder disorder, right knee disorder, left knee disorder, neck disorder, bilateral wrist disorder, and an increased rating for lumbar spine disability.

The Board has remanded the Veteran's claims for service connection for hallux valgus, bilateral foot and low back disorder (claimed as upper thoracic spine pain) due to inadequate medical opinions.

The Board has restored a 30 percent disability rating for the Veteran's cervical spine degenerative disc and joint disease associated with right knee Osgood-Schlatter’s disease, as the reduction from 30 percent to 20 percent was not proper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Board has remanded the cases for further action due to insufficient response time, and the Veteran still has time to file a substantive appeal or opt-in to the modernized review system.

The Veteran's shin splints and knee issues are restored to a 20% rating, while her right shoulder and left shoulder service connection claims are denied. Her major depressive disorder is granted with TDIU status.

The Board has remanded the case due to insufficient evidence of unemployability based on service-connected disabilities, and referred it for extraschedular consideration.

The Board has decided to reopen the Veteran's claim of service connection for a back disability, but has remanded it due to insufficient evidence and need for additional opinions.

The Veteran's lumbar spine disability, neurogenic bladder condition, and sciatic nerve conditions are all rated at the maximum allowed under VA guidelines. The right ankle and right knee disabilities have also been granted increased ratings.