Back / lumbar spine decisions — 2020

The Veteran's cervical and lumbar spine disabilities are granted as service connected.,The Veteran's deviated septum is granted as service connected.

The Veteran's right and left femur fractures have been rated based on the criteria for malunion with moderate hip disability.,Since April 9, 2019, the Veteran’s right femur fracture has been rated at 30 percent under DC 5255 (malunion with marked hip disability).,The Veteran's osteoarthritis of the right and left hips have not met the criteria for higher ratings.,The Veteran's right shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to April 4, 2012, and since June 1, 2012.,The Veteran's left shoulder disorder has not met the criteria for a rating in excess of 20 percent prior to February 29, 2012, and since April 1, 2012.,The Veteran's thoracolumbar disorder has not met the criteria for a higher rating.,The Veteran's right knee disorder has not met the criteria for a rating in excess of 60 percent prior to August 1, 2013.,The Veteran's left knee disorder has not met the criteria for a rating in excess of 30 percent.,SMC based on need for aid and attendance has been granted.

The Veteran's claim for a rating in excess of 10 percent for his scar was denied. The claims for service connection for tinnitus, bilateral hearing loss, and low back disability were granted.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment prior to June 18, 2015.

The Veteran's service-connected Degenerative Disc Disease (DDD) is granted, with the Board finding that repetitive heavy lifting in service likely caused his current condition.

The Veteran's cervical spine disability was rated at 10% prior to December 10, 2015. From December 10, 2015 to November 26, 2019, the Veteran's disability warranted a 30% rating due to limited forward flexion of the cervical spine.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected pes planus, finding that there is at least an approximate balance of positive and negative evidence regarding whether the current back disability was caused by his service-connected foot condition.

The Veteran's low back condition and tension headaches have been remanded for further evaluation.,A psychiatric disorder claim has also been remanded.

An effective date of October 9, 2014 is granted for the grant of service connection for PTSD. The Veteran's low back and bilateral knee disabilities are remanded due to inadequate VA examinations.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examinations. The issues include reopening of previously denied claims, as well as new diagnoses and relationships between current conditions and military service.

The Board has denied the Veteran's claims for service connection for cervical spondylosis, degenerative and radiculopathy with osteophyritis and back condition due to lack of new and relevant evidence.,The Board also denied the Veteran's claims for service connection for bladder cancer, coronary artery disease, and prostate cancer as there was no new and relevant evidence submitted.

The Veteran's claims for service connection for various cancers and a lumbar spine disability have been denied as the evidence does not support a finding that these conditions were incurred or aggravated by his military service, including exposure to herbicide agents.

The Veteran's initial rating for a back disability in excess of 20 percent prior to February 11, 2014 and 40 percent thereafter is denied. The Veteran's initial rating for a left knee disability except for the period from October 25, 2013 to December 31, 2013 for which a temporary evaluation of 100 percent was assigned, is also denied.

The Board has remanded the Veteran's claims for additional development, including a new VA examination to assess his current disability levels and functional limitations. The issues include ratings for chronic lumbosacral strain post laminectomies with fusion due to degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy involving the sciatic nerve, residuals of a right great toe fracture, and TDIU.

The Veteran's low back condition has worsened, and a new VA examination is needed to assess the current severity of his service-connected disability.

The Board has decided to remand the case due to insufficient medical opinions and missing records. The Veteran's back disability is being reviewed again for a determination of whether it was incurred in service.

The Veteran's appeal is remanded for further development regarding his claims of service connection for various conditions, including bilateral pigmentary glaucoma, low back disorder, right thumb disorder, hyperemia conjunctiva, sinusitis, tinnitus, and left and right elbow disorders.

The Veteran's claim for a rating of 40 percent for left lower extremity radiculopathy and TDIU from December 20, 2005 is granted. The decision also includes an earlier effective date for the TDIU.

The Board has determined that the Veteran's low back disability and bilateral foot disability were not incurred during a period of active duty, active duty for training, or inactive duty for training.,A VA examiner concluded that there is no evidence to support a nexus between the current disabilities and service.

The Board has remanded the Veteran's claims for service connection due to insufficient medical evidence and the need for updated examinations.