Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for service connection of a lower back disability, finding that there was no nexus between his current condition and his military service.

The Board has decided to remand the case due to inadequate medical opinion and missing SSA records. The Veteran's low back disorder is being reviewed again for a more definitive opinion.

The Board has reopened the claim for service connection for a lumbar spine disability due to new evidence showing a potential relationship between the Veteran's current condition and his active service.,Service connection was denied for diabetes mellitus, type II, heart condition, hypertension, and neurological disorder as these conditions are not subject to presumptive service connection from exposure to contaminated water at Camp Lejeune.

The Veteran's claim for a higher rating for his lumbar spine DDD was denied. For the period prior to January 5, 2018, he did not meet the criteria for a disability evaluation in excess of 20 percent. From January 5, 2018, he does not meet the criteria for a disability evaluation in excess of 40 percent.

The Board has remanded the claims for service connection due to failure of the Veteran to report to scheduled VA examinations and lack of attempts to reschedule. The issues include psychiatric disabilities, drug abuse, low back disability, spina bifida, and a neurological disorder of the left lower extremity.

The Board denied service connection for degenerative arthritis of the lumbar spine, finding no clear and unmistakable error in the September 2008 rating decision. The claim was reopened based on new evidence submitted by the Veteran, but the Board determined that there is no nexus between the current disability and military service.

The Board has granted restoration of a 40 percent disability rating for the Veteran's degenerative arthritis of the spine with disc displacement, lumbosacral region effective October 1, 2018. The claim for an increased rating to a higher than 40 percent rating was denied.

The Board has determined that additional development is needed for the Veteran's claims related to his left knee and lumbar spine disorders. The case will be returned to the RO for further action.

The Veteran's right shoulder disability (Bankart’s lesion) is granted, and the rating for lumbosacral strain remains at 10 percent.

The Veteran's claim for service connection for a lumbar spine condition has been reopened, and the case is being remanded to obtain additional information. The testicular condition claim was previously denied but remains on appeal.

The Veteran's lumbar spine spondylosis and strain are rated at 10 percent, with no higher rating granted. The left lower extremity radiculopathy is rated at 20 percent from February 21, 2020, but no higher prior to that date.,The Veteran's acid reflux condition must be evaluated for service connection and an updated VA examination is required.

The Board has dismissed the appeals for service connection for traumatic brain injury residuals and migraine headaches. The remaining issues of service connection for lumbosacral spine disability, cervical spine disability, left knee disability, right knee disability, hypertension, and erectile dysfunction are remanded.

The Board denied the Veteran's claim of service connection for a low back disability as new and material evidence was not received, concluding that there is no current diagnosed disability related to his military service.

The Veteran's ratings for right knee chondromalacia, mechanical low back pain with spurring, and right knee degenerative arthritis were reduced. The rating for instability was not addressed.,The reductions are considered improper due to lack of consideration of the provisions in 38 C.F.R. § 3.344.

The Board denied service connection for bilateral hearing loss and hypertension, but remanded the issues of service connection for right knee disability, left knee disability, degenerative joint disease of the lumbar spine, and scars of the lumbar spine.,The Veteran's claims for a right knee disability, left knee disability, degenerative joint disease of the lumbar spine, and scars of the lumbar spine are remanded.

The Board has granted the Veteran's claim for an effective date of October 20, 2014 for a 10% evaluation for lumbar spondylosis with degenerative arthritis. The decision is based on the fact that the Veteran filed his formal application within one year of submitting his informal claim.

The Veteran's bilateral hearing loss and tinnitus are granted as they are likely related to acoustic trauma during service.,The Veteran's left shoulder, cervical spine, lumbar spine, and PTSD disorders are remanded for further examination.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back condition and has determined that he is entitled to service connection based on continuity of symptomatology since service.

The Board has decided to remand the case due to a missed VA examination for a lower back condition. The Veteran's service connection claim is being returned for further development.

The Veteran's claim for a higher disability rating for his thoracolumbar spine disability was denied, and the reduction from 40 percent to 20 percent was upheld. The evidence did not support an increased rating based on forward flexion or favorable ankylosis.