Back / lumbar spine decisions — 2020

The Veteran's cervical spine condition is rated at 20 percent effective July 14, 2009 to April 18, 2017. A higher rating is denied thereafter.,Radiculopathy of the right upper extremity is rated at 40 percent effective April 18, 2017.,Radiculopathy of the left upper extremity (upper radicular group) is rated at 20 percent from June 25, 2015 to October 4, 2019. A higher rating is granted starting October 4, 2019.,Radiculopathy of the left upper extremity is rated at 40 percent effective October 4, 2019.

The Board denied the Veteran's claims for service connection for left knee and lumbar spine disorders, finding that there was no evidence linking these conditions to his military service.,There is no medical evidence showing a link between the Veteran’s current diagnoses of arthritis of the left knee and lumbar spine disorder and his military service.

The Veteran's claims for increased ratings for degenerative disc disease and diabetes mellitus are being remanded due to the need for additional examinations and clarification of certain medical opinions.

The Board has remanded the Veteran's claims for bilateral carpal tunnel syndrome, a bilateral foot condition, and a lower back condition due to potential incomplete medical opinions.,Specifically, the Board found that the July 2020 VA examiner’s opinion regarding the etiology of the Veteran's bilateral carpal tunnel syndrome was inadequate as it did not consider the Veteran's lay statements. The September 2020 VA examiner's opinion regarding the nature and etiology of his bilateral foot condition was also deemed inadequate due to an inaccurate factual premise.

The Veteran's claim for a rating in excess of 20 percent for service-connected chronic right ankle strain with limitation of motion was denied. The Board also found that the Veteran's back disability, other than spondylolisthesis, did not originate in service and is not otherwise etiologically related to service or secondary to service-connected disability.

The Board has remanded several issues related to the Veteran's service connection claims, including sleep apnea and various hip and back disabilities. The appeals are being returned for additional development.

The Veteran's appeal for service connection for low back disability, which was secondary to his service-connected right foot disability, has been dismissed due to the death of the appellant.

The Veteran's applications to reopen previously denied claims of entitlement to service connection for bilateral hearing loss and a cervical spine disorder have been granted. The claim for an initial rating in excess of 20 percent for lumbosacral strain with degenerative changes of the lumbar spine remains pending.,Service connection has been established for bilateral hearing loss, a cervical spine disorder (secondary to service-connected lumbosacral strain), and lumbosacral strain with degenerative changes of the lumbar spine.

The Board has remanded the case due to inadequate examination and opinion regarding the nature and etiology of the Veteran's low back disorder. The matter is now before the VA for further development.

The Board has remanded the claims for service connection due to insufficient medical opinions and new evidence is needed.

The Board has determined that the Veteran's degenerative disc disease with arthritis did not manifest during service or within one year of separation, and continuity of symptomatology is not established. Therefore, service connection for this condition is denied.

The Veteran's claims for increased ratings and TDIU prior to January 24, 2020 are being remanded due to the need for additional development.

The Veteran's lumbar spine disability is not rated higher than 10 percent.,The Veteran's left lower extremity sciatic nerve disability has been granted a 20 percent rating, effective October 24, 2014. The right lower extremity sciatic nerve disability remains at a 20 percent rating.

The Board has remanded the Veteran's claims for diabetes mellitus, type II and lumbar spine degenerative disc disease due to inadequate development. Additional development is required including obtaining verification of herbicide exposure during service at Ft. Dix, New Jersey.

The Board has vacated the July 6, 2020 decision that denied service connection for left knee disability, bilateral hip arthritis, arthritis of the lumbar spine, and arthritis of the cervical spine due to a lack of due process.

The Board denied service connection for a cervical spine disability and granted a higher rating of 40 percent for the Veteran's low back disability, effective as of November 7, 2019. The claim for service connection for obstructive sleep apnea is remanded.,The VA examiner found that the Veteran’s OSA is less likely than not related to his service.

The Board has granted service connection for the Veteran's diagnosed thoracolumbar spine disability, left knee disability, right knee disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The decision is based on credible testimony from the Veteran and his wife regarding in-service injuries and their ongoing effects.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to a duty-to-assist error. The AOJ must schedule the Veteran for a new examination to assess the severity of his condition.

The Board denied service connection for a lumbar spine disability and anterolisthesis L4-5, finding no new evidence relevant to the claims.

The Board has remanded the case due to a duty-to-assist error and requires an examination for a proper determination of service connection for mechanical back pain syndrome with degenerative disc disease.