Back / lumbar spine decisions — 2020

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for an evaluation greater than 20 percent.,A separate claim for a higher rating for radiculopathy of the right lower extremity prior to January 11, 2019 was also denied.

The Veteran's lumbosacral spine disability is granted a 20 percent rating effective February 22, 2019.

The Board has remanded the claims for lumbosacral strain and paraplegia secondary to service-connected lumbosacral strain due to incomplete VA treatment records.

The Veteran's low back disability was rated at 10% prior to January 5, 2018 and increased to 20% since that date. The current rating of 20% is denied.

The Veteran's petition to reopen the claim for service connection for an acquired psychiatric disorder is granted. The issues of secondary service connection for lumbosacral strain, service connection for fibroids, and hypertension are remanded.,An effective date prior to September 30, 2013, for the increase in ratings for right knee patellofemoral pain syndrome and headaches is denied.

The Board has remanded the cases due to insufficient medical opinions and inextricably intertwined issues. The left ankle disorder case requires an addendum VA medical opinion, while the back disorder case is also remanded.

The Veteran's claims for service connection for cervical and lumbar spine disabilities have been granted. The Board also remanded several issues including increased ratings for bilateral knee conditions, OSA, and TDIU.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which has been granted for special monthly compensation.

The Veteran's claim for service connection of a back disability has been dismissed as he withdrew his appeal prior to the Board making a decision. The left ankle disability claim is remanded for further development.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including lumbar spine degenerative disease, bilateral knee conditions, hypertension, and left carotid arterial endarterectomy. The issues include rating determinations for these conditions as well as a determination of TDIU prior to March 9, 2017.

The Board has determined that the lumbar spine disability existed prior to service and was not aggravated by service, thus denying service connection.

The Board has remanded several issues for further development and consideration, including service connection claims for various disabilities. The Veteran's prostate cancer residuals are currently rated at 40 percent, but the issue of a higher rating is denied.

The claim for service connection for a back disability is reopened, but the appeal must be remanded to obtain additional medical opinions and records.

The Veteran's claims for increased ratings and service connection have been denied. The Board dismissed the claim of service connection for migraines, as it was granted in a prior decision.,For the left upper extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 30 percent thereafter. For the right upper extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.,For the left lower extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 20 percent thereafter. For the right lower extremity radiculopathy, the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.,For the cervical spine disability, the Veteran is not entitled to a rating higher than 20 percent before August 8, 2019 and 30 percent thereafter. For the lumbar degenerative disc disease (DDD), the Veteran is not entitled to a rating higher than 20 percent throughout the appeal period.

The Board denied compensation for low back disability and right hand disability due to July 9, 2008 cervical diskectomy and fusion as the evidence did not show additional disability resulting from VA care or treatment.,The Veteran's pre-existing conditions were found to be unrelated to the surgery.

The Board has remanded the case due to inadequate examination and opinion regarding the Veteran's back disability, specifically his in-service fall. The Veteran is asked to provide private treatment records and undergo a VA examination to determine if his current back disability is related to active service.

The Board denied the Veteran's applications to reopen claims for service connection for various conditions, including back disability, neck disability, PTSD, COPD, sleep apnea, and diabetes mellitus. The evidence did not show a relationship between these conditions and military service.

The Board granted a disability rating of 40 percent for lumbar spine spondylosis with arthritis effective from February 18, 2012 to December 30, 2013.

The Veteran's claim for a rating in excess of 20 percent for his lumbar spine disability prior to December 20, 2019 is denied. The claim for a rating in excess of 40 percent for his lumbar spine disability from December 20, 2019 is also denied.