Back / lumbar spine decisions — 2020

The Board denied an initial rating in excess of 10 percent for the Veteran's lumbar spine degenerative arthritis, finding that his disability did not meet the criteria for a higher rating based on range of motion or incapacitating episodes.

The Board has remanded four issues related to service connection for asbestosis, PTSD, a back disorder, and calluses/bunions of the left foot. The main reason is that VA did not obtain all the Veteran's service treatment records.

The Veteran's claim for service connection for cervical spine degenerative disc disease was granted, with the Board finding that his current condition is at least as likely as not related to his military service.

The Board has remanded several issues for further development, including service connection claims for hypertension, lumbar spine disability, liver condition, digestive system condition (Barrett's esophagus), hepatitis C, and renal condition. The Veteran is also seeking service connection for a psychiatric disorder.

The Board denied the Veteran's claims of service connection for low back disability, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy. The Board found that there was no evidence of a chronic low back disability during or shortly after service, and that any current low back condition is more likely due to a civilian injury in 1991. The Board also concluded that the Veteran's current peripheral neuropathies are not related to his service-connected right knee disability.

The Veteran's claim for a higher rating of 40 percent for degenerative arthritis of the lumbosacral spine from June 1, 2017 is granted. Prior to that date, his disability picture did not meet the criteria for a 40 percent rating.

The Veteran's appeals for increased ratings for his right and left wrist disabilities, left varicocele, and tension headaches have been denied. The back disability is not rated as it does not meet the criteria.

The Board has decided to remand the cases of a rating in excess of 20 percent for lumbar spine disability and total disability rating based on individual unemployability (TDIU). The cases are being returned to the AOJ for further action, including obtaining additional medical records and scheduling an examination.

The Board found that the Veteran's bilateral wrist condition and low back condition are not related to service, and denied both claims.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, lumbar spine, left knee, and right knee disabilities due to a lack of evidence meeting VA criteria for a current disability. The case is remanded to attempt to obtain relevant private treatment records.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining private treatment records and affording her with a VA examination.

The Board has determined that the Veteran's cervical spine disability is related to service, and granted service connection.,The Board has also determined that the Veteran's right shoulder condition is related to service, and granted service connection.

The Board has determined that the Veteran's thoracolumbar spine disability and cervical spine disability (claimed as neck pain) are not related to service, and thus denied these claims. The case is being remanded for further development.

The Veteran's claim for service connection for a thoracolumbar spine disability, right knee strain, and left knee strain has been granted. The claims for increased ratings for the knees have been remanded.

The Veteran's claim for service connection for a lower-back condition is granted as new and material evidence has been submitted, establishing that the disability was caused by or related to his military service.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's exposure to Persian Gulf War conditions and treatment records. The claims will be reconsidered after these issues are addressed.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include bilateral hearing loss, lung disorder (COPD), heart disorder (coronary artery disease), and back disorder.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's back disability is rated at 20 percent, and the claim for a higher rating is denied. The TDIU claim is granted.

The Veteran's tinnitus is granted service connection as it was shown to be present within a year of separation from service. Service connection for arthritis of the right shoulder, left shoulder, right hip, left hip, right knee, and left knee are denied due to lack of in-service injury or disease and no continuity of symptomatology post-service. Service connection for arthritis of the cervical spine and lumbar spine is also denied.