Back / lumbar spine decisions — 2020

The Board has remanded both the DIC benefits pursuant to 38 U.S.C. § 1151 and service connection for the cause of death claims due to insufficient medical opinions addressing the appellant's contentions regarding timely diagnosis and treatment of the Veteran’s UTI, sepsis, and other conditions.

The Veteran's claims for service connection for various conditions, including acquired psychiatric disorder, bilateral hand condition, back condition, neck condition, left arm condition, bilateral carpal tunnel syndrome, and headaches have been denied. The Board finds that the preponderance of evidence is against finding a direct or secondary relationship between these conditions and service.

The Board has remanded the claims for service connection of right and left hip disorders, as well as right and left knee disorders, all secondary to a service-connected lumbar spine disorder.

The Veteran's service connection claims for a low back disability, lumbosacral strain, intervertebral disc syndrome and spinal fusion are granted. Service connection is also granted for arachnoiditis as secondary to the low back disability. However, service connection for right lower extremity neuropathy and left lower extremity neuropathy are denied.

The Board has remanded the Veteran's claims for service connection for diabetes mellitus, lumbar spine disability, cervical spine disability, and hypertension due to incomplete or inadequate opinions regarding their etiology.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical opinions.

The Veteran's TDIU claim was remanded due to insufficient reasons and bases in the Board's decision. The case is now back with the Board for further development.

The Veteran's claim for an initial evaluation in excess of 10 percent for service-connected thoracolumbar strain is being remanded due to the need for a more contemporaneous examination.

The Board has remanded the Veteran's claims for higher ratings and earlier effective dates due to outstanding private treatment records and violations of VA examination guidelines.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's back disability is caused or aggravated by his service-connected right ankle disability.

The Veteran's lumbar spine, right hip, and left knee disabilities are granted as service-connected. The Board also found that the Veteran's bilateral hearing loss and tinnitus may be related to his in-service noise exposure but more evidence is needed for a definitive conclusion.

The Veteran's sleep disorder, diabetes mellitus, Type II, peripheral neuropathies of the upper and lower extremities, right shoulder impairment, left shoulder impairment, cervical spine disorder, arthritis of the ankles and hips, and tinnitus are not service-connected as they did not begin during active service or are otherwise related to an in-service injury or disease.,The Veteran's cerebrovascular accident, status post is not service-connected as it was first shown years after separation from service.

The Veteran's cervical spine disability was initially rated at 10% prior to October 11, 2012. A rating of 20% is granted beginning from that date.,For the thoracolumbar spine disability, a denial remains as it did not meet the criteria for an initial rating in excess of 10%

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back disorder is related to his military service.

The Veteran's claims are being remanded due to the need for additional examinations and evidence collection. Specifically, a new VA examination is required for his left knee disability, cervical radiculopathy of both upper extremities, back condition, right ankle sprain, and left ankle sprain.

The Veteran's tinnitus, lower back disorder, and neck disorder are granted service connection. The right middle finger arthritis and chondrosarcoma claims are denied.

The Board denied the Veteran's claims for service connection for thoracic kyphosis, degenerative arthritis of the lumbar spine, bilateral foot swelling, and left wrist disability.,There was no new evidence presented to reopen the claim for thoracic kyphosis.

The Board has reopened the claims for service connection for hypertension, bilateral eye disability (refractive error), and lower back disability. The evidence received since the last final denials is new and material, raising a reasonable possibility of substantiating these claims.

The Veteran's initial disability ratings for right shoulder arthritis, left shoulder arthritis, and lumbar spine degenerative disc disease have been denied as his symptoms do not warrant a higher rating under the applicable VA Rating Schedule.

The Board has remanded the Veteran's claims for a back disability, bilateral foot or ankle disabilities (excluding arthritis), and bilateral wrist disability due to incomplete records and need for further examination. The claim of entitlement to service connection for sleep apnea is also remanded.