Back / lumbar spine decisions — 2020

The Board has determined that new and material evidence has been received to reopen claims for service connection for various conditions, including sarcoidosis, PTSD, depressive disorder, lumbar spine disability, left knee disability, bilateral shin splints, and headaches. The appeals are pending further adjudication.

The Veteran's lumbosacral strain and right lumbar radiculopathy were not rated higher than the assigned percentages, with the exception of a separate rating for right lumbar peroneal nerve radiculopathy. The case is remanded due to issues related to these conditions.

The Board has remanded the Veteran's claims for neck disorder, degenerative arthritis of the lumbar spine, and radiculopathy associated with her service-connected disabilities due to insufficient medical opinions regarding the etiology of her conditions. The Veteran is also seeking a TDIU based on her service-connected disabilities.

The Board has remanded several claims including service connection, disability ratings, and effective dates due to new evidence received after the issuance of the SOC.

The Board has determined that the Veteran's back disability is etiologically related to his service, and thus grants the claim for service connection.

The Veteran's claims for service connection for an acquired psychiatric disorder, a back disorder, and a bilateral knee disorder have all been denied. The Board found no evidence of a link between the current conditions and service.

The Veteran's adjustment disorder with anxiety has been granted a 50 percent rating.,Seasonal allergic rhinitis is not compensable under the applicable rating criteria.,Service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the left and right sciatic nerves have all been granted.,Service connection for eczema has been granted.,Service connection for headaches has been granted.,Left ankle injury with residual small bony fragment of the left os navicularis has been granted.

The Board has denied service connection for a heart disability and remanded the issues of service connection for a back disability and sleep apnea syndromes (obstructive, central, mixed) secondary to posttraumatic stress disorder. The case is being returned to the agency of original jurisdiction for further development.

The Board has denied service connection for a back disability, finding that the Veteran's current condition is not related to his military service. The Board considered multiple medical opinions and found them lacking in support of the Veteran's claim.

The Veteran's right knee disability, back disability, and acquired psychiatric disability have been granted service connection. The claim for chest pain is being remanded.,Service connection has been established for the Veteran’s right knee disability, back disability, and acquired psychiatric disability as secondary to her service-connected conditions.

The Veteran's claim for service connection for a urinary disorder is denied.,Service connection for PTSD, major depressive disorder, and anxiety has been expanded to include all psychiatric disabilities diagnosed. The claims of service connection for low back and cervical spine disabilities are remanded due to incomplete records and need for an examination.,Service connection for right hip DJD, left hip DJD, right knee DJD, left knee DJD, right ankle DJD, left ankle DJD, right foot DJD, and left foot DJD is remanded as secondary to a low back disability. Service connection for right shoulder DJD, left shoulder DJD, right hand disability, and left hand disability is also remanded as secondary to a cervical spine disability.,Service connection for bilateral hearing loss is remanded due to inadequate VA examination opinion. Service connection for skin disabilities is remanded due to incomplete records of private treatment.,The Veteran's claim for TDIU rating is inextricably intertwined with the other claims and must be deferred.

The Board has granted the petition to reopen the claim for service connection for sleep apnea and remanded the issues of service connection for right knee injury with resultant surgery and TMJ disorder. The diabetes mellitus rating is increased to 40 percent as of July 11, 2018, but a higher rating is denied. Service connection for DDD thoracolumbar spine remains denied.

The Veteran's back disorder, bilateral knee osteoarthritis, and bilateral hearing loss are all granted. The back disorder is considered to be directly related to service due to a motor vehicle accident during service. Bilateral knee osteoarthritis is not presumed as it did not manifest within one year of separation from service. Hearing loss is presumed due to acoustic trauma during service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for left ankle condition, TBI, migraines, neck condition, back condition, and nerve condition. The claims are granted in part. However, due to conflicting medical opinions regarding the etiology of the left ankle condition, a remand is necessary to obtain an addendum opinion from a suitable clinician.

The Veteran's hearing loss in the left ear is granted as service-connected. The right ear and lumbar spine conditions are remanded for further examination and opinion.

The Veteran's DDD disability has been primarily manifested by pain and forward flexion to no less than 70 degrees. The Board denied a higher rating as the evidence did not support an evaluation in excess of 10 percent.

The Veteran's claims for service connection for a back disability and Meniere's syndrome are remanded due to inadequate medical opinions.

The Board has reopened the claims for service connection of a low back disability and an acquired psychiatric disability due to new evidence. The remaining issues are remanded for further development.

The Veteran's TDIU claim for his service-connected low back disability is denied as he does not meet the schedular criteria and there is no evidence that his disability alone prevents him from securing and following a substantially gainful occupation.

The Veteran withdrew his appeal regarding the waiver of recovery of overpayment and service connection for back condition, leaving only the dismissal of the waiver claim.