Back / lumbar spine decisions — 2020

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for a new examination that addresses functional loss during flare-ups and additional limitations.

The Veteran's appeals for increased ratings and service connection have been dismissed due to her withdrawal of all pending claims.,The Veteran has withdrawn her appeal regarding a disability rating in excess of 10 percent prior to February 10, 2020, and in excess of 40 percent from February 10, 2020 for a low back disability.,The Veteran has withdrawn her appeal regarding a disability rating in excess of 10 percent for the period prior to February 10, 2020 for GERD.,The Veteran has withdrawn her appeal regarding a disability rating in excess of 30 percent for the period from February 10, 2020 for IBS and GERD.,The Veteran has withdrawn her appeal regarding a disability rating in excess of 10 percent for retropatellar pain syndrome of the right knee.,The Veteran has withdrawn her appeal regarding a disability rating in excess of 10 percent for retropatellar pain syndrome of the left knee.,The Veteran has withdrawn her appeal regarding a compensable disability rating prior to February 10, 2020, and a rating in excess of 10 percent from February 10, 2020 for a left ankle disability.,The Veteran has withdrawn her appeal regarding a compensable disability rating prior to February 10, 2020, and a rating in excess of 10 percent from February 10, 2020 for a left wrist ganglion.,The Veteran's petition to reopen service connection for right shoulder disability based on new and material evidence has been dismissed.,The Veteran has withdrawn her appeal regarding service connection for an acquired psychiatric disorder, to include PTSD and adjustment disorder.,The Veteran has withdrawn her appeal regarding service connection for a neck disability.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. However, his claim for bilateral hearing loss remains denied as he does not meet the VA standards for a current disability.,The Veteran's claims for service connection for lumbar spine disorder, elbow disorder, wrist disorder, hip disorder, knee disorder, left ankle disorder, right ankle disorder (other than right ankle sprain), shoulder disorder, and acquired psychiatric disorder have been remanded due to insufficient evidence of a nexus between his current conditions and service.,The Veteran's claim for a cervical spine disorder has also been remanded as no VA examination addressing the direct or secondary theory of entitlement was conducted.,His claim for a rating in excess of 10 percent for shin splints, left leg and right leg have been remanded.

The Board denied the Veteran's claim for an initial disability rating in excess of 40 percent for his service-connected lumbar spine disability from April 3, 2020. The evidence did not support a finding that the Veteran's condition had worsened to warrant a higher rating.

The Board has remanded the case for additional development regarding service connection for hearing loss and for a new VA examination to determine if the Veteran's current hearing loss is related to his in-service noise exposure. The initial disability rating for lumbar spine strain with degenerative disc disease remains denied.

The Board has remanded the case due to a lack of substantial compliance with prior Board remand orders, including the need for a new functional capacity evaluation by a vocational rehabilitation counselor.

The Board has remanded the Veteran's claims of service connection for back and right foot disabilities due to his service-connected left ankle disability. The cases are sent back for additional opinions from VA clinicians.

Service connection for musculoskeletal pain and low back disability has been granted.,The right knee chondromalacia patella rating remains remanded, as well as the service connection claims for acquired psychiatric disorder (including PTSD) and bilateral hands and arms.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person or housebound status is being remanded due to new evidence added to the record since the last SSOC.

The Board has determined that the Veteran's back disability, claimed as a herniated disc, did not originate during service and is not related to any in-service injury or condition. The evidence does not support a finding of chronicity since service.

The Board has remanded the case due to inadequate examination and medical opinions regarding the Veteran's low back disability, including levoscoliosis, degenerative disc disease, and mechanical low back pain. The examiner is asked to provide a thorough opinion on whether these conditions are related to service.

The Board has remanded the claims of service connection for various disabilities, including right and left hand disabilities, psychiatric disability, left knee disability, right knee disability, and lumbar spine disability. The claims are being returned to the agency of original jurisdiction (AOJ) for additional action.

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

The Veteran's claim for a rating in excess of 10 percent for his service-connected residuals of a thoracic spine scar was denied. The Board found that the evidence did not show three or four scars that were unstable or painful, and therefore, a higher rating could not be granted. For the TDIU claim prior to July 19, 2017, the Veteran's disabilities rendered him unable to obtain or maintain substantially gainful employment.

The Board has remanded the case for further development due to inadequate VA opinions and failure to comply with previous remand directives.

The Veteran's claims for increased disability ratings were denied. The initial 20 percent rating for residuals of fracture C6 with degenerative disc disease at C5-6 was maintained, and a 40 percent rating was granted for lumbar spondylosis, degenerative arthritis, and facet joint arthritis prior to February 10, 2016. The claim for an increased disability evaluation since February 10, 2016 remains pending.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition did not have its onset during his active duty and is not otherwise related to service.

The Board found that the Veteran's claimed disabilities were caused by or resulted from his own willful misconduct and, therefore, were not incurred in the line of duty.

The Veteran's claims for service connection for lumbar and thoracic spine disabilities have been remanded due to insufficient evidence.,An effective date of February 1, 2016, has been granted for the left foot disability.

The Board has remanded the Veteran's claims for service connection for lumbar spine disorder and neurologic abnormality of the left lower extremity as secondary to a lumbar spine disorder due to incomplete STRs, conflicting medical opinions regarding alcohol-related injuries, and inextricably intertwined issues.