Back / lumbar spine decisions — 2020

All claims for increased ratings and service connection have been dismissed due to the lack of an adequate substantive appeal.

Service connection for lumbar spine disability is granted. For the period beginning December 7, 2015, a 10 percent rating for left hip bursitis and non-compensable rating for limitation of extension are granted.

The Veteran's claim for service connection for a low back disability has been reopened, but the evidence does not establish a nexus between his current condition and active service. The Board finds new and material evidence to support this claim.

The Board has remanded the claims of entitlement to increased ratings for thoracolumbar and cervical spine disorders, as well as service connection for an acquired psychiatric disorder due to incomplete medical records and need for further examination.

The Board denied service connection for a right hand condition, a right hip condition, and a left hip condition. The lumbar spine and cervical spine conditions were remanded.,Service connection was also denied for an acquired psychiatric condition including major depression, panic disorder with agoraphobia, and posttraumatic stress disorder.

The Veteran's claim for a disability rating more than 20 percent for chronic low back syndrome in association with degenerative arthritic changes at all levels of the lumbar spine and pars defect of the neural arch of L5 with anterolisthesis of L5 on S1 and associate lumbar radiculopathy was denied. The evidence did not show favorable or unfavorable ankylosis, but only limited forward flexion.

The Veteran's claims for service connection for ischemic heart disease, hypertension, bilateral hearing loss, and back disorder are being remanded due to the need for additional development regarding exposure to herbicide agents and asbestos.,For ischemic heart disease and hypertension, the Board finds that there is a possibility of in-service exposure to herbicide agents. For the back disorder, the Veteran's claim will be considered based on his reported in-service injury.

The Veteran's appeal for an extension of a temporary total disability rating due to back surgery is denied because the evidence does not show severe postoperative residuals such as immobilization by cast, without surgery, of one major joint or more.

The Veteran's claim for an effective date earlier than December 15, 2010 for the grant of service connection for a low back disability is denied. The Board finds that the evidence does not support an earlier effective date and remands the case to obtain a new VA examination.

The Board has remanded the claims for tinnitus, right knee disability, left knee disability, back disability, left ankle disability, and right ankle disability due to incomplete service records and need for further development of the Veteran's disability benefits.

The Board has remanded the cases for further development and examination to determine if any of the Veteran's claimed conditions are related to service.

The Veteran's lumbar strain and obstructive sleep apnea have been granted service connection as secondary to his service-connected disabilities. However, the Veteran's hip condition, high blood pressure (hypertension), anemia, and gastroesophageal reflux disease (GERD) have not met the criteria for service connection.

The Veteran's service-connected disabilities, including lumbar spondylosis and spinal stenosis at L4-5 lumbar spine with associated radiculopathy of the right and left lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board grants his TDIU claim.

The Board has remanded the Veteran's claims for a thoracolumbar spine disability, as well as his increased rating claims for peripheral neuropathy of both lower extremities. The VA is instructed to obtain updated treatment records and provide an addendum opinion regarding the service connection claim.

The Veteran's lumbar degenerative joint disease is granted service connection, and a 50 percent initial rating for major depressive disorder prior to December 28, 2010 is granted. The issue of an increased rating for major depressive disorder from December 28, 2010 through July 6, 2017 remains pending.

The Board has denied service connection for the Veteran's lower back condition and remanded the respiratory condition claim due to insufficient evidence regarding exposure to asbestos during service.

The Board has remanded the Veteran's claims for service connection and rating of his lumbar spine disorder, right knee osteoarthritis, radiculopathy of the right lower extremity, and TDIU due to multiple issues needing further development.

The Board dismissed the Veteran's claim for equipment purchases and home modifications under the Independent Living Plan through VA’s VR&E program due to his intent to withdraw. The case is now remanded for further development.

The Veteran's initial claim for a higher rating for lower back disability was denied. A 10 percent rating is granted for pseudofolliculitis barbae from February 23, 2016.

The Board has decided to remand the Veteran's claims for a new examination to assess the current severity of his service-connected lumbar spine disability and associated radiculopathy of the bilateral lower extremities.