Back / lumbar spine decisions — 2020

The Board has dismissed the appeals as to service connection for low back disorder, diabetes mellitus, and coronary artery disease due to the Veteran's death.

The Board has granted service connection for the Veteran's right foot, left foot, right hip, left hip, and low back conditions, finding that there is at least a 50% likelihood that these conditions are related to his active duty service.

The Board denied service connection for sleep apnea, low back disorder, and bilateral or unilateral foot disorder.,No new evidence was presented to reopen the previously denied claims of service connection for these conditions.

The Board denied service connection for arthritis of the entire body and low back disability, finding that there was no evidence of a chronic condition in service or within one year after separation, and that any current conditions are not related to military service.

The Board has remanded the Veteran's claims for cervical back condition and gastrointestinal disorder due to issues with the medical opinions provided in prior examinations. The Veteran is required to undergo further examination to determine if her conditions are related to service.

An initial 20 percent rating, but not higher, for degenerative disc disease (DDD) of the thoracolumbar spine is granted. Separate 10 percent ratings are granted for radiculopathy of the left and right lower extremities effective May 9, 2009.,A separate initial 70 percent rating for posttraumatic stress disorder (PTSD) is granted.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no current diagnosis of hypertension, thus denying the claim. For other conditions, the evidence did not meet the criteria for higher ratings.

The Board found that the reduction of the Veteran's low back disability rating from 40% to 20% was improper and restored the original 40% rating.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease with lumbosacral strain to include IVDS and bilateral lower radiculopathy is denied. The evidence does not show that it was factually ascertainable that there was an increase in the Veteran’s disability such that a rating in excess of 40 percent was warranted.

The Veteran's gout is granted as secondary to service-connected renal disease.,Degenerative arthritis/osteoarthritis/DJD of the cervical spine, thoracolumbar spine, and hips are granted as secondary to service-connected osteopenia.

Service connection is granted for a right shoulder disability.,Service connection is denied for bilateral hand, wrists, hip, knee, elbow, ankle, and foot disabilities.,Service connection is denied for lumbar spine and cervical spine disabilities.

The Board denied service connection for a low back disability, right leg disability, left leg disability, and right ankle disability. The Veteran's current disabilities are not related to his period of active duty.,Service connection was denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by service.

Service connection for headaches and bilateral upper extremity paresthesia has been granted.,The claim for diffuse musculoskeletal pain is being remanded.

The Board has remanded the case due to incomplete verification of service dates and the need for additional medical records, as well as a VA examination.

The Board denied service connection for a back disability and right lower extremity radiculopathy as secondary to a back disability due to lack of evidence showing the conditions were related to service or service-connected disabilities.

The Board has determined that the Veteran does not have a current right leg disability, and therefore denied her claim for service connection. The other issues are remanded for further examination and opinion.

The Board has remanded the claims for chronic low back strain, chronic nerve condition, left hip disorder, right hip disorder, left knee disorder, and right knee disorder due to a duty to assist error. The Veteran is presumed to have incurred these conditions during his verified ACDUTRA service.

The Veteran's claim for service connection of a low back disability has been reopened due to new and relevant evidence. The Board finds that the Veteran had in-service injuries, but remands for further development including obtaining VA treatment records, private treatment records, and National Guard personnel records.

The Board has granted service connection for a low back disability and migraine headaches, finding that the evidence is at least in equipoise as to whether these conditions are related to active service.

The Veteran's degenerative arthritis of the lumbar spine has not resulted in forward flexion to less than 30 degrees or favorable ankylosis, so a higher rating is denied.,The Veteran's migraine headaches have been restored from noncompensable to 50% effective April 23, 2019.