Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for cervical spine, back, bilateral shoulder, bilateral knee, and bilateral hip disabilities, as well as service connection for migraines and irritable bowel syndrome (IBS). The claims are being returned to the RO for further development.

The Board has determined that the remand requirements have not been met and the case is being returned to the agency of original jurisdiction for further development.

The Board denied the Veteran's claims for service connection for a low back disorder and entitlement to special monthly compensation based on aid and attendance or housebound status. The Board found that there was no evidence of a chronic low back disorder in-service, and thus could not establish service connection. For SMC, the Board determined that the Veteran did not meet the criteria due to his TDIU status.

The Veteran's need for regular aid and attendance is due to his service-connected lumbar spine disability, resulting in the grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's low back disorder is rated at 20% since October 11, 2019. The right lower extremity radiculopathy and left lower extremity radiculopathy are both rated at 20% after their respective effective dates. The left knee disorder remains rated at 10%. These ratings do not meet the criteria for a higher rating.

The Veteran's claim for service connection for a lumbar spine disability has been reopened, but the Board is remanding it due to insufficient evidence regarding the etiology of his condition. The case will be returned for further examination and opinion.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further development, including VA examinations.

The Board has found that there has not been substantial compliance with its November 2019 remand directives and has therefore ordered another remand to properly adjudicate the Veteran's claim for service connection of a lumbar spine disability.

The Board has granted the Veteran's claim for service connection for a low back disorder, finding that his current condition is related to his active duty service.

The Board denied service connection for scoliosis of the lumbar spine with failed congenital fusion S1, finding that it is not related to service and no superimposed disease or injury occurred during service.

The Board has found that the Veteran's service treatment records are missing and incomplete, leading to inadequate VA examinations based on incorrect factual premises. The Board is remanding the case for further development including obtaining missing STRs and providing proper notice.

The Board has remanded several issues related to the Veteran's claims for service connection, including tinnitus, left knee replacement, bilateral hearing loss, traumatic brain injury (TBI), back condition with radiculopathy, and an acquired psychiatric disorder. The appeals are not about service connection at all.

The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities. The issue of entitlement to special monthly compensation based on housebound status is dismissed as moot.

The Veteran's appeal is remanded due to a pre-decisional error in considering the severity of his lumbar spine disability and associated neurologic abnormalities under the appropriate rating criteria, including Note (1) from the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's lumbar spine degenerative arthritis has been granted service connection, but the rating assigned is 10 percent. The Board has found a duty to assist issue related to the March 2014 VA examination and has ordered a new examination.

The Veteran's appeal for service connection on the merits of his claims for a back disability, PTSD, bilateral hearing loss, and tinnitus is granted.

The Board denied service connection for left foot/ankle, right foot/ankle, left knee, and low back disorders, finding that the current conditions are not related to any period of active duty or inactive duty training.

The Veteran's appeal seeking increased ratings for various conditions has been dismissed as the Veteran withdrew their appeal prior to a decision being made.

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

The Veteran's skin disability is granted as service-connected, and his PTSD with depression and degenerative disc disease of the low back are rated at 50% and 40%, respectively. The Veteran’s TDIU claim is denied.,Service connection for a skin disability has been established based on in-service exposure to insect bites.