Back / lumbar spine decisions — 2020

The Board has denied the Veteran's claim for service connection for a low back disability, finding that the preponderance of evidence is against her contention that her current condition began during active military service or was related to an in-service injury.

The Board has determined that the Veteran's claimed low back disability, sciatic radiculopathy of the lower extremities, right and left hip arthroplasty, and erectile dysfunction are not service-connected as they were not shown during active service or within one year post-service, and there is no evidence linking these conditions to service or a service-connected condition.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability, effective from August 2018, which is the date of filing of her claim. The current rating reflects forward flexion to 30 degrees or less.

The Board has determined that new evidence received after the November 2013 denial is relevant to the issues of service connection for asthma, PTSD, and a back condition. The Veteran's asthma, PTSD, and back condition are all related to her military service.

The Board has granted an earlier effective date of December 11, 2014 for the award of a TDIU. The Veteran's service-connected disabilities prevented him from securing or following gainful employment as of that date.

The Board has remanded the claim for service connection for sleep apnea as secondary to lumbosacral strain and other service-connected disabilities due to a duty to assist error.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total rating based on individual unemployability.

The Veteran's initial claim for service connection for arthritic changes of the lumbar spine was denied in October 1998, but he raised it again on February 2, 2007. The Board found that there was no indication of clear and unmistakable error (CUE) in the previous denial.

The Veteran's appeal for an earlier effective date for service connection of lumbar strain with degenerative arthritis and degenerative disc disease has been dismissed due to the death of the Veteran.

The Board has remanded the claim for a higher rating for low back strain with degenerative disc disease (DDD) due to inadequate examination findings and further delay is required.

The Board has remanded the claim due to inadequate compliance with previous directives and a need for a more thorough addendum opinion from a VA orthopedic surgeon.

The Board has remanded the cases for additional development to determine if the Veteran's low back and left ankle disabilities are related to service, including any in-service injuries or events.

The Veteran's initial 20 percent rating for lumbar degenerative joint disease was restored, effective April 10, 2018. Service connection for migraine headaches was denied.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's low back disability. The Veteran is seeking service connection for this condition, which was denied in a previous decision.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and need for additional evidence. The issues of service connection for lumbar spine disability, left lower extremity radiculopathy, and rheumatoid arthritis of the hand are being addressed.

The Veteran's low back disorder was initially evaluated at 20 percent prior to April 1, 2012 and increased to 40 percent from April 1, 2012 to January 7, 2020.,Since October 1, 2014, the Veteran's left lower extremity radiculopathy has been evaluated at 10 percent. Since January 7, 2020, his right lower extremity radiculopathy has also been evaluated at 10 percent.

The Board has remanded the Veteran's claims for increased ratings for PTSD, lumbar strain, right knee condition, and left knee condition due to outstanding VA treatment records.

The Veteran's appeals for increased evaluations and service connection have been dismissed due to her withdrawal of the appeals.

The Veteran's right knee disability is not service-connected as it did not originate in service or within one year of discharge, and is not otherwise etiologically related to service.,Service connection for gastroesophageal reflux disease (GERD) cannot be established as the Veteran does not have a current diagnosis of GERD.

The Veteran's claims for extraschedular ratings and TDIU were denied as her service-connected disabilities do not meet the criteria for such determinations.,The Board found that the Veteran’s service-connected conditions, including lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy, and major depressive disorder, are adequately contemplated by the current schedular ratings.