Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for low back disability, neck disability, headaches, shrapnel wound to the face, tailbone condition, neurological impairment of upper and lower extremities, left shoulder disability, and dental disability due to service connection. The reasons include lack of documented treatment in some cases, need for new examinations, and potential service connection based on a motor vehicle accident.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected degenerative disc disease of the cervical spine. The Board also remanded for further development regarding service connection for other conditions.

The Board has determined that the Veteran's current back disorder is not related to his service, including a back injury in July 1974. The evidence does not establish chronic disease during service or within one year of separation from active duty.

The Veteran's claim for increased ratings of Wolff Parkinson White syndrome prior to August 8, 2016 and from August 8, 2016 is denied.,The Veteran's claims for service connection for degenerative disc disease of the lumbar spine (claimed as back condition) and motor neuropathy of the lower extremities are remanded.

The Veteran's claim for an increased rating for degenerative arthritis of the thoracolumbar spine was denied. The Veteran's service connection claim for a left foot disability, diagnosed as pes planus, hallux valgus, and plantar fasciitis, was granted. The Veteran's claim for service connection for type II diabetes mellitus was denied.

The Veteran's appeal for an earlier effective date for a 10% evaluation for service-connected right lower extremity radiculopathy is granted, but the decision does not address this issue. The effective date of August 6, 2011, is set as the earliest possible date due to the Veteran's active duty status.

The Board has granted effective dates of October 2, 2003 for increased ratings of 30% for cervical spondylosis and 40% for lumbar strain with spondylosis.,It is determined that the Veteran's conditions first manifested their current severity on or about October 2, 2003.

The Veteran's lumbar disc degeneration and spondylosis, right knee strain, left knee strain, and left foot tendonitis are all granted as service-connected. The Board also found that the Veteran has a current cervical spine disorder related to service but did not assign a rating due to lack of evidence.

The Board has remanded the Veteran's claims for low back, right shoulder, neck, and bilateral hip disabilities due to inadequate VA examinations. The cases are now pending for further development.

The Veteran's claims for service connection for chronic headaches and a low back condition have been denied as there is no competent evidence showing that these conditions began in or are causally related to his active service.

The Veteran's claim for service connection for a back disability has been reopened and granted. The claims for right shoulder, headache disorder, hypertension, and bicipital tendonitis and degenerative joint disease of the left shoulder remain pending.

The Board has granted a TDIU for the Veteran's service-connected disabilities, including his low back disability. The initial rating for the low back disability remains at 20 percent.

The Board has remanded the case for further development due to insufficient medical opinions regarding the Veteran's bilateral hearing loss and low back disorder. The claims are being returned to the AOJ for additional examination and analysis.

The Veteran's right hip disability is currently rated as 10 percent disabling, and a separate 10 percent rating for limitation of extension has been granted. The appeal is remanded due to the need for clarification on functional loss during repetitive use and flare-ups.,The Veteran's left knee disability remains at a 10 percent rating with no further action required. The appeal is remanded as an addendum opinion is needed regarding functional impairment due to flare-ups.,The Veteran's right knee disability continues to be rated at 10 percent, but the appeal is remanded for clarification on functional loss during repetitive use and flare-ups.,The Veteran's low back disability remains at a 10 percent rating prior to June 19, 2018, and as 20 percent thereafter. The appeal is remanded due to an addendum opinion needed regarding functional impairment due to flare-ups.

The Veteran's appeal is being remanded due to incomplete examinations and the need for additional medical records. The issues of service connection are being reviewed, as well as initial disability ratings.

The Veteran withdrew all of his claims, including those related to service connection for various disabilities and initial ratings.

The Board has found that the Veteran's notice of disagreement was timely received via facsimile on June 24, 2014. The appeal is now remanded for further development regarding whether new and material evidence was obtained to reopen service connection claims for various conditions.

The Board has determined that new and material evidence has been received to reopen the evaluations of service connection for bilateral foot, low back, bilateral hip, and bilateral knee disabilities. However, these claims are currently REMANDED as additional medical opinions are needed due to the Veteran's assertions regarding his conditions being aggravated by service.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds no basis to grant a higher rating.,Service connection for an acquired psychiatric disorder (depressive disorder with anxiety) has been granted. The Veteran was diagnosed with this condition during service and linked it to his combat exposure.

The Board has remanded the cases for further action due to insufficient evidence and to consider whether a TDIU prior to March 15, 2013 is warranted on an extraschedular basis.