Back / lumbar spine decisions — 2020

The Board has determined that there is no new and material evidence received sufficient to reopen the Veteran's claims for service connection for low back strain (also claimed as arthritis in back) and left leg condition (also claimed as arthritis in legs, previously denied as radiculopathy, left lower extremity), to include as secondary to low back strain.

The Board has remanded the case for further development and examination, including obtaining additional medical records and providing an addendum opinion regarding the etiology of hypertension. The Veteran's service-connected disabilities are also to be evaluated in terms of their impact on his employability.

The Board has remanded the issues of service connection for left knee, right hand, left hand, and low back disabilities due to incomplete records. The Veteran's claims are pending.

The Board has determined that the VA Regional Office (RO) failed to substantially comply with its December 2018 remand directives, and thus another remand is required due to inadequate examination reports. The Veteran's lower back condition and radiculopathy of the right lower extremity are both being remanded for further development.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for the merits of the claims.

The Board denied the Veteran's claim for service connection of a lumbar condition, finding that there was no evidence linking his current disability to his military service.

The Veteran's service-connected lumbar spine disability, including associated sciatic and femoral nerve radiculopathies, is granted with a temporary total rating for convalescence following surgery. Service connection for scars from the surgeries is also granted. The Veteran's IVDS is rated at 20 percent, which is denied as it does not meet criteria for higher ratings.

The Veteran's service-connected intervertebral disc syndrome of the lumbar spine is currently rated at 40 percent, but does not meet the criteria for a higher rating as there are no incapacitating episodes or unfavorable ankylosis.

The Board has determined that the Veteran's current left forearm and hand pain, as well as his back condition, do not have a direct relationship to service. The psychiatric disorder claim is remanded for further development.

The Board denied service connection for a back disorder, diabetes mellitus type II, coronary artery disease, and peripheral neuropathy of the upper and lower extremities as well as gastroesophageal reflux disease (GERD). The reasons provided include lack of in-service injury or disease, no chronic symptoms during service, and no evidence of continuity of symptomatology post-service.,The Board also denied service connection for diabetes mellitus type II and coronary artery disease based on the absence of a showing of continuous symptoms since service separation.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations.,VA is required to attempt to reschedule the Veteran for VA examinations in order to assess his service-connected disabilities.

The Veteran's lumbosacral spine degenerative joint and disc disease is currently rated at 40 percent, effective September 26, 2018. The Board has remanded the case to determine if a higher rating is warranted prior to that date.

The Veteran's lumbar spine disability is rated at 20% since August 1, 2017. Her degenerative joint disease of the right hip currently has a maximum rating of 10%. The Board finds in favor of these ratings.

The Veteran's back condition is rated at 20 percent, the maximum rating available under Diagnostic Code 5237. The Board denied a higher rating as his forward flexion was not less than 30 degrees and he did not have ankylosis.

The Board has remanded the case due to an inadequate addendum medical opinion regarding the etiology of the Veteran's degenerative joint disease of the lumbar spine. The examiner only addressed the etiology of lumbar spondylosis and not the diagnosed degenerative joint disease.

The Board has remanded the cases for additional development due to insufficient opinions regarding whether the Veteran's joint pain and lumbar spine disability are related to service-connected pes planus.

The Board has denied service connection for diabetes mellitus, type II and degenerative disc disease of the lumbar spine. The claims for plantar fasciitis with neuromas and trigger finger of the right 3rd digit are remanded for further development.

The Veteran's lumbar spine condition is currently rated at 20 percent disabling. The Board has granted a rating of 40 percent for the lumbar spine condition from April 22, 2016.

The Veteran's disability ratings for his service-connected lumbar spine, right knee osteoarthritis, right knee instability, and left knee osteoarthritis are being remanded for additional development. The TDIU claim is also being remanded.

The Board has denied service connection for low back and neck disorders, but granted service connection for tinnitus on a direct basis due to continuous symptoms since service separation.