Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence to support a link between his current condition and his in-service injury. The preponderance of the evidence indicated that the Veteran's current degenerative arthritis did not begin during or as a result of his military service.

The Board has remanded the case due to inadequate nexus opinions and a need for additional medical records. The Veteran's low back disability is being reviewed again with a new examination.

The Veteran's claim for an increased rating above 40 percent for low back disability was denied, as the evidence did not show unfavorable ankylosis or incapacitating episodes meeting criteria.,The Veteran's mental health disability (anxiety and depression) was granted a 70 percent rating, reflecting significant occupational and social impairment.

The Board has decided to remand the Veteran's claim for service connection of a back condition, which is related to his GERD. A new VA examination and expert medical opinion are needed to determine if the GERD treatment (using an orthopedic pillow) caused or aggravated the low back condition.

The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis, associated objective neurologic abnormalities, or incapacitating episodes of intervertebral disc syndrome requiring bed rest with a total duration of at least four weeks but less than six weeks in a twelve-month period. The evaluation in excess of 30 percent for the cervical spine disability is denied.

The Veteran's low back syndrome has not met the criteria for a disability rating in excess of 30 percent prior to November 8, 2018 and has not met the criteria for a disability rating in excess of 40 percent since November 8, 2018.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to non-compliance with previous directives.

The Veteran's service-connected lumbosacral strain/degenerative arthritis of lumbar spine is functionally limited to 25 degrees of flexion, and the Board finds a need for a new VA examination to determine the current severity of the disability. The case is remanded due to the need for this examination.

The Board has denied service connection for left shoulder and lower back conditions, and remanded the claims for gout of the bilateral upper and lower extremities as well as hypertension. The Veteran's claims are now pending again with VA.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including sleep apnea, adjustment disorder with mixed emotional features, left knee arthritis, right shoulder arthritis, lumbar spine strain, cervical spine strain, hiatal hernia, left elbow dislocation, hypertension, hemorrhoids, post laceration of the right thigh with residual scar, and right shoulder surgical scar associated with right shoulder arthritis. As a result, special monthly compensation based on aid and attendance is granted.

The Board denied service connection for a back disorder, skin disorder, and acquired psychiatric disorder.,Service connection was not established as the Veteran's conditions were not shown to be related to his military service.

The Veteran's cervical and lumbar strain conditions are each rated at 10 percent, but the Board finds that these evaluations do not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.,For her knee, ankle, shoulder, hip, and urinary tract infection conditions, the Veteran's current evaluations remain unchanged as they are all rated at 10 percent.

The Board has granted the Veteran's claim of service connection for a back disability, finding that his current back issues are proximately caused or aggravated by his service-connected knee disabilities. The new evidence received since the October 1987 rating decision supports this conclusion.

The Veteran's PTSD was granted a 70% evaluation, effective October 11, 2019. The other conditions were denied increased ratings.

The Board denied the Veteran's claims for specially adapted housing and a special home adaptation grant because his service-connected disabilities do not meet the criteria for these benefits.

The appeal for service connection for left hearing loss is dismissed as it has already been granted. The increased evaluation claim for the low back disability is denied, and the TDIU claim is remanded.

The Board has remanded the Veteran's claims for service connection for lumbar spine and hip disabilities due to inadequate examination findings. The VA will need to provide additional opinions regarding whether these conditions are related to his military service.

The Board denied an initial disability rating in excess of 20 percent for lumbosacral strain, finding that the evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, which is required for a higher rating under DC 5237.

The Board has granted a 20 percent disability rating for lumbosacral strain, effective November 24, 2015. The appeal related to individual unemployability (TDIU) is dismissed.

The Veteran's lumbar spine disability and associated radiculopathies are rated based on their underlying conditions, with separate ratings for each affected extremity.,A TDIU is granted effective from June 6, 2016.