Back / lumbar spine decisions — 2020

The Veteran's initial claim for a higher rating for low back strain with lateral canal stenosis L5-S1 was granted, effective July 6, 2017. The effective date for service connection of PTSD and right lower extremity radiculopathy were also established on this same date.

The Veteran's claims for increased evaluations for left ankle sprain, right knee strain, and lumbar strain are being remanded due to inadequate VA examinations. The Board requires a new examination that includes range of motion testing in active and passive motions, weight-bearing and nonweight-bearing conditions, and an assessment of functional loss during flare-ups.

The Board has remanded the Veteran's claims due to inadequate medical opinions and need for further examination.

The Veteran's right and left ankle strains are each rated as 10 percent disabling prior to August 30, 2019, and as 20 percent disabling from that date. The Veteran’s lumbosacral strain is currently rated at 40 percent since August 30, 2019.

The Veteran's cervical, thoracolumbar spine, left knee and right knee disabilities are granted as service-connected. The Veteran is also granted an initial 70 percent rating for his traumatic brain injury.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions.,The Veteran's claim for OSA is being remanded as there may be a link between his military service and undiagnosed illness. Additional evidence is needed, including records from 2010 when he was referred for evaluation of sleep apnea.,The Veteran's claims for kidney stones and diabetes are being remanded due to the need for additional VA examinations and opinions regarding the etiology of these conditions.,The Veteran's claim for diabetes mellitus is being remanded as there may be a link between his military service and aggravation of his already elevated blood sugar levels. Additional evidence is needed, including records from 2010 when he was referred for evaluation of sleep apnea.,The Veteran's claims for left shoulder disability are being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.,The Veteran's claim for back disability is being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.,The Veteran's claims for knee disabilities are being remanded due to the need for additional VA examination and opinion regarding the etiology of his condition.

The Veteran is granted entitlement to SMC at the maximum rate authorized under 38 U.S.C. § 1114(p) and an increased level of SMC based on the need for a higher level of care at the rate specified under 38 U.S.C. § 1114(r)(2).

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, finding that his pre-existing condition worsened during service but not caused by it.

The Veteran's appeal for an earlier effective date for service connection of tinnitus is dismissed as the Veteran withdrew his appeal.,The Veteran's appeals for increased ratings for radiculopathy of the left lower extremity, asthma, and lumbago with a central disc bulge at L5-S1 and degenerative disc disease with intervertebral disc syndrome are remanded for further development.,The Veteran's claim for service connection of diabetes mellitus, type II is remanded as there is no medical opinion addressing the potential causation or aggravation between his service and DMII.

The Veteran's right shoulder condition is currently rated at 20 percent, but the evidence does not support a higher rating.,The Veteran's right muscle group I residuals of shell fragment wound are currently rated at 10 percent and do not warrant a higher rating.,The Veteran's lumbar degenerative disc disease with spondylosis is currently rated at 20 percent, but the evidence does not support a higher rating.

The Veteran's left calcaneal spur with plantar fasciitis is currently rated at 20% and the Board finds no basis to grant a higher rating.,For the period prior to January 17, 2018, the Veteran's lumbar degenerative disc disease was rated at 10%, but the Board found no basis to grant a higher rating. For the period from January 17, 2018, the Veteran's lumbar degenerative disc disease is rated at 20% and the Board found no basis to grant a higher rating.,The Veteran's right lower extremity radiculopathy was rated at 10%, but the Board found no basis to grant a higher rating. The Veteran's GERD disability is now rated at 30%.,Service connection for tinnitus and obstructive sleep apnea secondary to GERD were both granted.

The Board has remanded the Veteran's claims for increased ratings and service connection due to insufficient evidence or need for further examination.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and medical opinions regarding his claimed disabilities.

The Veteran's claim for service connection for pseudofolliculitis barbae and lumbar strain is being remanded due to the need for additional medical opinions.,VA treatment records from June 2017 to the present are requested, and an appropriate clinician will be provided with these records to address the Veteran's claims.

The Board has remanded the Veteran's claims for headaches, left knee disability, and lumbar spine disability due to inadequate opinions in previous examinations. The case is returned to the AOJ for further development.

The Veteran's service-connected chronic active lumbosacral strain-myositis and lumbar spondylosis are currently rated at 10 percent prior to June 6, 2017, and 20 percent from June 6, 2017. The Board finds that the evidence does not support a higher rating for these conditions.

The Board has remanded the cases for additional development due to a duty to assist error. The Veteran's claims are otherwise denied.

The Board has granted service connection for tinnitus, but the issues of service connection for lumbar spine disability and related radiculopathy are remanded.

The Veteran's mechanical low back pain with degenerative joint disease is granted an increased rating of 40 percent, but no higher. The claim for hepatitis C and TDIU are remanded.

The Board has denied the Veteran's claims for service connection for diabetes mellitus and low back disability, finding that there is no evidence of a nexus between these conditions and his military service.