Back / lumbar spine decisions — 2020

The Board has granted the petition to reopen a previously denied claim for service connection for low back pain/strain. The claims for service connection for neuropathy/radiculopathy of bilateral upper and lower extremities are remanded due to new evidence received after an unappealed rating decision.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his knee conditions or left lower extremity radiculopathy.

The Board has remanded the Veteran's claims for service connection due to a failure to provide a VA examination, and because the issues are inextricably intertwined.

The Board has decided that the claim for service connection of a lower back condition is remanded due to insufficient medical evidence and need for further examination.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied.,Service connection for tinnitus has been granted, as the Veteran had continuous symptoms since service.

The Board dismissed the Veteran's claims for earlier effective dates as they did not meet the criteria for an increased rating and found that the evidence did not support a higher disability rating.

The Veteran's claims for service connection for various conditions, including right knee arthritis, left shoulder arthritis, and lumbar spine degenerative disc disease, were denied as the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disability was denied because he failed to report for a necessary VA examination without providing good cause.

The Board has granted the Veteran's claims for service connection for a low back disability and bilateral lower extremity neuropathy, finding that these conditions are at least as likely as not related to his active duty service. The claim for diabetes was withdrawn by the Veteran's representative.

The Board has remanded the claims for service connection of the Veteran's claimed conditions, including buttocks condition, lumbosacral spine degenerative disc disease, left arm swelling, left leg condition, and left shoulder condition. The AOJ is instructed to consider whether these conditions are related to lymphedema and/or venous insufficiency, as well as any potential aggravation by obesity.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's low back disability. The VA examiner needs to clarify all diagnoses and provide a well-reasoned opinion on whether the condition had its onset in service or is otherwise related to service.

The Veteran's migraine headaches are rated at 50 percent since October 30, 2012.,The Veteran is granted a TDIU effective from the date of claim (October 30, 2012).

The Veteran's disability rating for chronic low back muscular strain superimposed on degenerative instability was increased from 40% to 50%, effective May 30, 2017. The claimant is not entitled to a compensable rating for his perforated tympanum.

The Board has remanded the Veteran's claims for further development due to new evidence received after the August 2019 Supplemental Statement of the Case.

The Board has denied the Veteran's claims for service connection for a back disability and PTSD, finding that there is no evidence to support these conditions began during active service or are related to in-service injuries. The case is being remanded for further examination of the Veteran's psychiatric disorder.

The Board denied the Veteran's claims for service connection for a back disability and a neck disability, finding no causal relationship between these conditions and his military service.

The Board has remanded the case for an addendum opinion regarding the etiology of the Veteran's back disorder, as the previous opinions did not consider the Veteran's credible reports and treatment records.

The Board has decided to remand the claim of service connection for a back disability due to insufficient evidence and misfiled records. The case will be returned for further development, including obtaining VA treatment records and private medical records from non-VA providers.

The Veteran's claims for service connection and increased ratings have been remanded due to insufficient evidence. The Board found that the current staged ratings for lumbar strain and sprain are not warranted, as they do not meet the criteria for a higher rating prior to March 27, 2019, or since then.

The Veteran's left hip disability, rated as 10% since August 16, 2012, and his low back disability, rated as 40% since March 1, 2013, are granted. A separate 10% rating is granted for limitation of adduction in the left hip. The Veteran's TDIU claim prior to June 12, 2011, is also granted.