Back / lumbar spine decisions — 2020

The Board has found that there was not substantial compliance with the June 2018 remand directives and has ordered a new VA examination to assess the current severity of the Veteran's lumbar paravertebral myositis. The Veteran is also required to provide his medical history regarding flare-ups, as well as any additional loss of range of motion during such periods.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of an in-service injury or disease resulting in current low back disability. The VA examiner determined that any current low back disability is less likely related to service and more likely due to congenital spondylolisthesis with superimposed degeneration over the years.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there was no evidence to support a causal relationship between his current condition and his active military service.

Service connection for a cervical spine disability and neurological disability of the upper extremities is denied. The case is remanded to determine if service connection can be established for lower extremity radiculopathy.,The claim for an evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine since June 20, 2013 is also remanded.

The Board denied service connection for cervical spine disability, finding that the Veteran's current neck condition is not related to his military service.,The Board granted restoration of a 10% rating for left knee patellofemoral syndrome and right knee patellofemoral syndrome.

The Board has dismissed the claims for service connection of spine disorder, left knee disorder, and left foot disorder due to the Veteran's death.

The Veteran's claim of service connection for a low back disorder is granted, and he is assigned a 100% disability rating.

The Veteran's migraine headaches are rated at the maximum schedular evaluation of 50 percent, and extraschedular consideration is not warranted.,The Veteran’s degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a higher rating than the current 40 percent evaluation.,The Veteran's radiculopathy of the lower right extremity warrants a 20 percent rating, and his radiculopathy of the lower left extremity is rated at 20 percent.,The Veteran’s residuals of a right foot fracture are rated at the maximum schedular evaluation of 10 percent, and his residuals of a left foot fracture are also rated at 10 percent.,The Veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent.,All remaining issues have been remanded for further development.

The Veteran's claim for an increased disability rating for lumbosacral spine IVDS with DDD and DJD, status post fusion at L5-S1 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar or entire spine (thoracolumbar and cervical) to warrant a 50 or 100 percent disability rating.

The Board has remanded the claims for service connection due to insufficient evidence regarding the onset and etiology of various disabilities, including left shoulder, right elbow, bilateral eye, respiratory, neurological, back, knee, leg, psychiatric, and gastrointestinal disabilities. The Veteran is requested to provide authorization for VA to obtain relevant private treatment records and undergo appropriate examinations.

The Board has denied the Veteran's claims for higher ratings for his bilateral hearing loss and remanded the service connection claims. The case is now pending again with additional development required.

The Veteran's claims for higher ratings and earlier effective dates for the service-connected painful surgical scars on his lumbar spine, right knee, and lower neckline have been dismissed.,The Veteran's claim for a higher rating for cervical spine disability has also been dismissed.

The Board has remanded the cases of entitlement to increased ratings for degenerative joint disease of the thoracolumbar spine and service connection for chronic neck disability due to procedural issues.

The Veteran's service connection for thyroid cancer is granted. The claim for SMC based on housebound status is denied.

The Veteran's service-connected disabilities, including coronary artery disease and lumbar spine arthritis, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted his claim for total disability rating based on individual unemployability.

The Board has remanded the Veteran's claims for service connection and initial rating of bilateral hearing loss due to new evidence submitted, including a statement from his chiropractor and statements from fellow service members. The Veteran is also requested to provide records from his Reserve service.

The Veteran's initial rating for lumbosacral strain with spondylolysis and degenerative disc disease is granted at a 40 percent rating, effective the entire appeal period. The Veteran's left knee strain remains rated at 10 percent, and his hypertension is denied.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and a right hip disability, as well as his claim for a compensable rating for the residuals of a contusion of the chest wall and lung. The reasons for remand include obtaining missing service treatment records from May 1967 to June 1967, providing medical opinions regarding the etiology of the Veteran's disabilities, and issuing an SOC in response to his NOD.

The Board has denied service connection for a neck condition, low back condition, left hip condition, right knee condition, memory problems, and cervical strain. The evidence does not support the presence of these conditions during the pendency of the claim.,There is no current diagnosis or qualifying pain documented in the medical records provided by the Veteran.

The Veteran's disability rating for cervical strain with multilevel degenerative disc disease was restored from 20% to 30% effective September 1, 2018.