Back / lumbar spine decisions — 2020

The Veteran's claim for increased evaluation of residuals from a traumatic brain injury is granted. A separate 50% evaluation for headaches associated with the TBI is also granted. The low back disability claim, which was previously denied, has been reopened and remanded.

The Board denied the Veteran's claim for service connection of a chronic lumbar spine disorder, finding that there was no evidence showing it began during or was otherwise caused by his active military service.

The Board has remanded the case due to inadequate VA examination and need for additional development, including obtaining private treatment records.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is at least as likely as not related to a back injury he sustained during his service while lifting furniture, and thus grants service connection for this condition.

The Board has remanded the case due to non-compliance with a prior court decision and requires an independent medical examination.

The Veteran's service-connected low back disability is rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board denied a higher rating as there was no evidence that his condition warranted such an increase.

The Veteran's claims for increased ratings for his right hip, left knee torn anterior cruciate ligament, left knee degenerative joint disease with painful motion, and radiculopathy of the lower extremities have been denied. The Veteran is not entitled to a higher rating for any of these conditions.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for migraine headaches, an acquired psychiatric disorder (including depression and insomnia), GERD, tinnitus, bilateral shoulder pain, low back pain, left knee pain, a right knee disorder, and a bilateral foot disorder are all remanded.

The Board denied an earlier effective date for the award of a 10 percent rating for low back syndrome, as the Veteran's claim was filed within one year of his discharge from active duty.

The Board has granted a 50% evaluation for tension headaches, but denied an evaluation greater than 50%. The case is remanded for additional development on the issues of service connection for low back disability and effective date prior to December 15, 1997 for tension headaches. Additionally, TDIU is also remanded.

The Board has granted service connection for insomnia as secondary to the Veteran's service-connected psychosis NOS with depression, but denied service connection for a back disorder and bilateral leg disorders due to lack of evidence linking these conditions to his military service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional records, specifically SSA disability records and private treatment records from a back surgery at Nevada Spine Institute.

The Board has remanded several service connection claims due to the need for additional development and examination.

The Board has granted service connection for hiatal hernia and GERD as secondary to the Veteran's service-connected bulimia nervosa. The issue of service connection for a lumbar spine disorder is remanded.

The Board has remanded the issues of service connection for a back disability, increase rating for bilateral hearing loss, and TDIU prior to July 29, 2016 due to new evidence received since a final June 2015 decision.

The Board has remanded the case due to new evidence received after a final denial, and a VA examination is needed to determine if the Veteran's current low back disability is related to service.

The Veteran's service-connected low back strain with degenerative disc disease is rated at 20 percent, which is the maximum rating available under the applicable criteria. Service connection for obstructive sleep apnea secondary to his service-connected acquired psychiatric disorder (PTSD, major depressive disorder, psychosis, and general anxiety) has been granted.

The Board has remanded the case due to insufficient evidence regarding whether any cervical spine disability present during the appeals period is related to service, including the Veteran's neck pain complaints noted in 2008. A new VA examination is needed to address these issues.

The Board has remanded the case due to incomplete records and the need for further examination. The Veteran's thoracolumbar spine disability may be related to his in-service motorcycle accident, but more evidence is needed.

The Board has granted a 40 percent rating for the Veteran's back disability, finding that his symptoms meet the criteria for this rating based on limited range of motion. The appeal was vacated due to failure to consider relevant evidence from a private examination.