Back / lumbar spine decisions — 2020

The Board has granted service connection for the Veteran's back condition, finding that it is related to his in-service injuries during active duty and ACDUTRA.

The Board has granted a restoration of a 50 percent rating for the Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine, finding no clear and unmistakable error in the May 2015 rating decision.

The Board has reopened the claim for service connection for lumbar spine degenerative joint and disc disease due to new evidence submitted. The issue of service connection for sleep apnea is remanded for further development.

The Board has remanded both issues for further development and consideration, including the provision of a new VA examination to determine the nature and etiology of any lumbar spine disability and numbness of the left hand digits.

The Board denied the Veteran's claims of service connection for left ankle, bilateral knee, leg cramps, and low back disabilities. The evidence did not show any current disability in these areas or that they were aggravated by service.

The Board has remanded the Veteran's claim for service connection for a thoracolumbar spine disability due to insufficient development and consideration of the Veteran's lay statements regarding his in-service symptoms and post-service treatment.

The Veteran's increased ratings for cervical spine, left knee, and right knee disabilities have been denied.,Service connection has been granted for OSA.

The Board denied service connection for headaches, a right knee condition, a left knee condition, and a lower back condition. The Veteran did not have current disabilities related to these conditions.,The Board found no evidence of an in-service injury or disease that could be linked to the Veteran's current conditions.

The Board denied the Veteran's claims for service connection for bilateral upper extremity radiculopathy and increased evaluations for his right forehead scar, right lower extremity radiculopathy, lumbar myositis, and gastritis. The Veteran was granted a separate evaluation of 10 percent for a painful forehead scar.

The Veteran's claims for increased evaluations of his service-connected conditions have been granted, with some changes in the effective dates and ratings assigned.

The Veteran's bilateral pes planus was noted on his enlistment examination and is denied as service connection. The back, knee, and hip conditions are remanded for further review.

The Board has remanded the claims of service connection for lumbosacral strain, allergic rhinitis, sleep apnea, and hypertension due to insufficient medical opinions regarding their etiology.

The Veteran's sleep disorder, including sleep apnea, was not incurred in service and is not related to any service-connected disability.,The Veteran's lumbar spine arthritis with IVDS has been rated at the maximum of 40 percent since September 2013.

The Board of Veterans' Appeals has decided to remand the case due to insufficient consideration of certain medical records and an inadequate July 2007 medical opinion. The Veteran's claim for service connection for a low back disability is now pending.

The Board has remanded the claim for a total disability based on individual unemployability (TDIU) due to service-connected disabilities because there is insufficient evidence regarding the current severity of the Veteran's lumbar spine disorder and bilateral lower extremity peripheral neuropathy. Additional development, including obtaining medical records and scheduling VA examinations, is required.

The Veteran's claim for a higher disability rating for his service-connected lumbar degenerative disc disease was denied. For the period prior to September 12, 2013, he received a 10% rating and from that date onwards, a 20% rating.

The Veteran's back disability is currently rated at 10 percent prior to January 19, 2019 and a rating of 40 percent or higher thereafter. The appeal for higher ratings has been granted.

The Board dismissed the claim for service connection for an eye disorder pursuant to 38 U.S.C. § 1151, and remanded the issue of service connection for a back disability.

The Veteran's mild degenerative disc disease of the cervical spine is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that a higher rating was not warranted based on the current evidence.

The claims for right ear hearing loss, bilateral eye disability, BLE arthritis, gout, diabetes mellitus, left ear hearing loss, erectile dysfunction, surgical scar, tinnitus, hypertension, and lumbar spine disability have been dismissed due to the lack of an adequate substantive appeal.,The claim for liver disability has also been dismissed as there was no adequate substantive appeal.