Back / lumbar spine decisions — 2020

The Board has dismissed the Veteran's appeals for service connection of various knee, neck, and nerve conditions due to his withdrawal of those claims prior to the issuance of a final decision.

The Veteran's lumbar spine disability is rated at 20 percent, but no higher. Separate ratings for neurological abnormalities associated with the lumbar spine disability are granted. The Veteran also receives a TDIU based on his service-connected disabilities.

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been rated at 10%, 20%, and 40% respectively, with the highest rating of 40% granted effective September 23, 2019.

The Veteran's tinnitus has been granted service connection. The cervical spine, lumbar spine, respiratory (bronchitis), sinus, and bilateral hearing loss disabilities are remanded for further evaluation.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical opinions regarding his claimed conditions. The claims are related to in-service noise exposure, burning diesel fuel, gas chamber training, cold weather exposure, and handling heavy equipment.

The appeal of the issue of entitlement to an effective date earlier than June 27, 2011 for service connection for lumbar strain with DDD is denied.,Entitlement to a rating in excess of 30 percent for residuals of left inguinal herniorrhaphy is denied.,The appeal of the issue of entitlement to anemia (claimed as blood deficiency) is denied.,The appeal of the issue of entitlement to service connection for PTSD is denied.,Entitlement to direct service connection for an acquired mental disorder other than PTSD is denied.

The Veteran's appeal for a higher rating for his degenerative disc disease of the lumbar spine and TDIU is being remanded due to incomplete development. The VA needs to obtain medical records from the California Department of Corrections and schedule an examination or provide an advisory opinion if necessary.

The Veteran's claims for increased disability evaluations and service connection have been remanded by the Board.,No specific effective date has been provided as the issues are currently being reviewed.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to inadequate examinations, worsening symptoms since previous evaluations, and inextricably intertwined issues.

The Veteran's appeals for increased disability ratings and service connection for various conditions have been dismissed.,Service connection has been granted for left knee arthritis, but not for other claimed conditions.

The Board has remanded the cases of service connection for migraines and an initial rating in excess of 20 percent for a low back disability due to insufficient development and consideration of new evidence.

The Board has granted service connection for degenerative arthritis of the spine, lumbar radiculopathy, and left ankle arthritis due to in-service parachute jumps as a paratrooper.

The Veteran's claims for increased ratings for his back disability and left lower extremity radiculopathy were denied as the evidence did not show that he met the criteria for a higher rating under the applicable rating schedule.

The Board has remanded the Veteran's claims for low back condition and bilateral upper and lower extremity peripheral neuropathy due to inadequate examination reports in prior decisions. The AOJ must obtain all outstanding electronic medical records, including VistA Imaging, and provide an adequate VA examination to determine the etiology of these conditions.

The Veteran's diabetic retinopathy is now rated at 40% effective May 13, 2018.,Service connection for the Veteran’s diabetic retinopathy was granted prior to May 18, 2017.,The Veteran's low back disability remains at a 20% rating.

The Board has remanded the case due to inadequate medical opinions and a need for an updated examination. The Veteran's claim will be reviewed again with consideration of his continuous back pain since service.

The Board denied service connection for low back disability, wrist disability, a fractured nose disability, and dental disability (trauma to the front teeth) due to lack of evidence linking these conditions to active service.

The appeals for increased ratings and service connection have been dismissed due to the death of the appellant.

The Veteran's upper back and middle back disabilities are not service-connected.,The Board has determined that the issues of entitlement to service connection for an upper back disability and a middle back disability must be remanded.

The Veteran's service connection claim for sleep apnea is denied as there is no evidence linking the condition to his military service.,Service connection for degenerative changes of the lumbar spine, claimed as ankylosing spondylitis, is granted. The Veteran receives a disability rating of 10 percent based on forward flexion greater than 60 degrees and combined range of motion greater than 120 degrees.