Back / lumbar spine decisions — 2020

The Veteran's TDIU claim is denied because he does not have any service-connected disabilities.

The Board has remanded the service connection claims for right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, pes planus, and back disorder. The TDIU claim is dismissed.

The Board has determined that the Veteran's current degenerative disc disease and spondylosis of the lumbar spine is at least as likely as not related to his active service, including a back injury in 1982. As such, service connection for this condition is granted.

The Board has remanded the cases for further examination and opinion regarding service connection for a low back disability and an acquired psychiatric disability (including PTSD). The examiner must address whether these conditions are related to service or service-connected disabilities.

The Veteran's bilateral knee osteoarthritis and back condition are granted as service-connected.,The Veteran's painful left elbow is denied as not having a current diagnosis related to service. ,The Veteran's residuals of decompression sickness are denied as there is no current diagnosis.

The Board has reopened the Veteran's claim for service connection for back disorder and remanded all other issues related to her hip conditions, stomach condition, tension headaches, and unspecified urinary tract condition. The claims are being returned to the AOJ for further development.

The Board has decided to remand the claims for post-operative removal of undescended right testicle, lumbar scoliosis, and head injury and intestinal pathology with surgery due to lack of military personnel records. The Veteran's assertions about his service locations and exposure need to be verified.

The Veteran's low back, right knee, and right foot disabilities are being remanded for review of additional evidence. The acquired psychiatric disorder is also being remanded with a request to consider an initial rating in excess of 50 percent prior to March 23, 2019, and in excess of 70 percent thereafter.

The Board has granted the Veteran's application to reopen his claim for service connection for a back disability. However, the claim itself remains denied as there is no evidence of a current disability related to active duty service.

The Board has determined that the VA examinations for back, neck, and arthritis conditions were inadequate due to lack of substantial compliance with its November 2019 remand. The case is being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's hypertension, bilateral hearing loss disability, and low back disability were denied service connection. The hypertension was granted a 10% rating. Service connection for the other conditions could not be established due to lack of in-service injury or disease.

The Board has remanded the Veteran's claims for an increased rating for his back disability prior to August 18, 2010 and a TDIU due to inadequate examinations in previous decisions. The Veteran is currently service-connected for DJD and DDD of the thoracolumbar spine with L4-S1 fusion, rated at 20 percent since June 1, 2009.

The Veteran's right TKR, right knee scar, left TKR (secondary to now service-connected right knee disability), low back pain (diagnosed as degenerative disc changes) and right foot drop are all granted. The effective date for the grant of SMC based on loss of use of one hand is set at December 18, 2013.

The Veteran's claim for an increased rating in excess of 30 percent for service-connected episodic iron deficiency anemia was denied.,Service connection for a low back condition, to include as secondary to service-connected anemia, was also denied.

The Veteran's application to reopen a claim for service connection of his right ankle condition was denied. The claim for left ankle condition is also denied. Service connection and increased disability evaluations are denied for mechanical thoracolumbar strain and left wrist tendinitis, respectively.,Service connection cannot be established as there is no evidence of current or past left ankle conditions. For the right ankle condition, while the Veteran has reported pain, there is insufficient evidence to establish a current diagnosis.

The Board has remanded the Veteran's claims for increased ratings for his service-connected degenerative lumbar disc disease, right and left lower extremity radiculopathy due to inadequate VA examinations that did not account for functional loss from flare-ups and repeated use over time.

The Veteran's claims for service connection for a back disability and increased rating for diabetes mellitus are remanded. The claim for an initial compensable rating for sensorineural bilateral hearing loss prior to August 21, 2019 is denied, while the claim for a rating greater than 10 percent for sensorineural bilateral hearing loss beginning August 21, 2019 is also denied.

The Veteran's service connection claim for a chronic digestive disorder, including recurrent abdominal pain, nausea, vomiting, and diarrhea/constipation (claimed as irritable bowel syndrome), is granted. Service connection for cervical spine degenerative disc disease is denied.

The Board has granted the Veteran's claim for SMC based on the need for regular aid and attendance of another person, effective from the date of his death. The issue of entitlement to SMC on account of being housebound is considered moot due to the grant of the greater benefit.

The Board has remanded the Veteran's claims for service connection for neck and back disabilities due to a lack of discussion regarding potentially favorable evidence from a 1970 VA examination.