Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection and increased rating due to a lack of recent VA treatment records, need for new examinations, and consideration of updated eye rating criteria. The claims will be reconsidered after these actions.

The Veteran's claims for a higher rating for his lumbar condition and TDIU are being remanded due to the need for additional development, including another VA compensation examination.

The Veteran's evaluations for degenerative spondylosis of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy have been restored to their previous levels.

The Board has determined that the Veteran's claim for TDIU prior to October 15, 2015 is not fully addressed and requires further review by the VA Director of Compensation Service.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective April 18, 2013. The Board denied a higher rating for this condition.,Prior to March 20, 2019, the Veteran's radiculopathy of the right lower extremity was rated at 10 percent. The Board found that a higher rating is not warranted based on the evidence provided.,Prior to March 20, 2019, the Veteran's radiculopathy of the left lower extremity was also rated at 10 percent. The Board found that a higher rating is not warranted based on the evidence provided.,From March 20, 2019, the Veteran's radiculopathy of the right lower extremity has been rated at 40 percent. The Board found that this rating is appropriate given the severity of his symptoms.,From March 20, 2019, the Veteran's radiculopathy of the left lower extremity has also been rated at 40 percent. The Board found that this rating is appropriate based on the severity of his symptoms.

The Veteran's low back disability is rated at 40 percent effective from April 14, 2014. Separate 10 percent ratings are granted for left and right lower extremity radiculopathy starting February 8, 2016.

The Veteran's claims for higher ratings for his service-connected back strain with early arthritis and cervical spine degenerative disc disease are being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeals for increased ratings in excess of the assigned evaluations for his service-connected back disability, neck disability, left shoulder disability, left lower extremity neurological impairment, and right lower extremity neurological impairment have been dismissed as the Veteran withdrew all remaining issues associated with these claims.

The Board denied increased ratings for DDD of the thoracolumbar spine, right knee osteoarthritis, and left knee osteoarthritis. The Veteran's service-connected disabilities were rated at 90 percent combined prior to December 5, 2019.

The Board denied reopening and granting service connection for the Veteran's claimed lower back disorder, neck disorder, left ear hearing loss, and left leg disorder due to lack of new and material evidence.

The Veteran withdrew his appeal of all issues, including those related to service connection and evaluations for various conditions. The Board dismissed the appeal as a result.

The Board has denied the Veteran's claims for service connection for a left knee disability and remanded his claims for increased ratings for right knee and low back disabilities due to insufficient evidence.

The Veteran's claims for increased ratings and TDIU are remanded due to the need for additional VA examinations, particularly for the cervical spine disability. The lumbar spine disability has already been granted service connection.

The Veteran's hepatitis, atrophy arthritis of the upper and lower extremities, hypertension, lumbar spine disability (arthritis), and bilateral knee disabilities are not service-connected.,There is no current evidence of hepatitis. The Veteran does not have a current diagnosis of atrophy arthritis of the upper or lower extremities. Hypertension was not present within one year after separation from service. There is no evidence that the lumbar spine disability, bilateral knee disabilities, or any other conditions are related to service.

The Board has granted the Veteran's claim for service connection for a back condition as secondary to his service-connected Meniere’s disease, finding that the current back condition was aggravated by his service-connected Meniere’s disease.

The Board has remanded the case due to additional development being necessary, including consideration of new evidence not reviewed by the AOJ.

The Board has determined that the Veteran's claims for service connection have been remanded due to new and material evidence having been received, as well as issues related to bilateral hearing loss, degenerative disc and joint disease of the lumbar spine, and individual unemployability. The claims are being returned to the RO for further development.

The Board has denied increased ratings for bilateral pes planus and mechanical low back pain with osteoarthritis, lumbar spine. The appeal is remanded for further development regarding service connection claims including hypertension, constipation, cognitive disorder (dementia), impaired glucose tolerance, and the cause of death.

The Board has remanded the issues of service connection for a lumbar spine disability and bilateral lower extremity radiculopathy due to conflicting opinions regarding their etiology. A new VA examination is needed to determine if these conditions are related to service.

The Board has remanded the Veteran's claims for service connection due to inadequate and incomplete findings in previous VA examinations. The claims are being returned for further development, including additional medical opinions.