Back / lumbar spine decisions — 2020

The Veteran's spine disability, including IVDS, has been resulting in functional loss equivalent to having incapacitating episodes for total duration of at least six weeks during a past 12 months period. The Veteran is granted an evaluation of 60 percent for his spine disability.,The preponderance of the evidence is against finding that the Veteran's bilateral hip disability is secondary to service-connected lumbar spine disability, or is otherwise related to an in-service injury or disease.

The Board has reopened the claims for service connection for back disorder, right leg disorder, left leg disorder, and diabetes mellitus, type II, as secondary to service-connected conditions. The effective date is not specified.

The Veteran's claims for athlete’s foot, foot pain, cervical and thoracic spine disability, joint pain, muscle pain, right shoulder disability, left shoulder disability, low back disability, right knee disability, left knee disability, right leg disability, and left leg disability are being remanded due to the need for additional development.,The Veteran has not been formally diagnosed with any medical conditions relating to these claims. However, he has reported pain in various areas of his body during service and since then.

The Veteran's claim for service connection for a low back disability was granted with an effective date of October 2, 2012. The issue of whether there was clear and unmistakable error (CUE) in the rating decision dated March 2018 which granted service connection lumbar spine spondylosis with degenerative disc disease L1-2 with lumbar spine facet degenerative disease L3-4, L5-S effective February 5, 2018 is dismissed as moot.

The Veteran's initial claim for service connection for low back disability was denied in June 2005. The Board remanded the case multiple times, and the Veteran appealed for increased ratings.,For the period from January 5, 2005 to April 23, 2011, the Veteran's low back disability did not meet the criteria for a higher rating.

The Board denied the Veteran's claim for a total disability rating based upon unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure or follow substantially gainful employment.

The Veteran's right and left knee disabilities, as well as his back disability, were not incurred during service or due to an in-service injury. His hearing loss was also denied.,Service connection for a left ear hearing loss is denied.

The Board has determined that the Veteran's claims for service connection for a heart disability, initial compensable rating for eczema prior to March 29, 2018, and higher initial ratings for degenerative arthritis of the lumbar spine with separate 10 percent ratings assigned for radiculopathy of both the right and left lower extremities are remanded due to inadequate examination reports and need for further medical opinions.

The Board has remanded the Veteran's claims of entitlement to service connection for right hip, left hip, and lumbar spine disabilities due to new evidence submitted since previous decisions. The claim for diverticulitis is also being remanded.

The Veteran's claim for an increased disability evaluation for Generalized Anxiety Disorder, including Nervousness with Persistent Depressive Disorder is granted. The claims for service connection of Right Hip Disorder, Left Hip Disorder, and Lumbar Spine Disorder are granted as new and material evidence has been received.

The Veteran's claim for a higher evaluation for his degenerative disc disease of the lumbar spine is being remanded due to additional evidence that has been added to the record.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of the Veteran's service-connected degenerative disc disease, lumbar spine. Additionally, another Gulf War examination is needed to determine the current nature and etiology of her claimed fatigue disorder.

The Board has decided to remand the Veteran's claims for service connection for various disabilities, including cold injury residuals and back disability. The decision is based on the need for additional development of records and examination.

The Board has remanded the Veteran's claims for higher staged disability ratings for his lumbar spine spondylolisthesis and for a TDIU due to inadequate examination findings and lack of current evidence.

The Board has remanded the claims for service connection for left and right hip disabilities, as well as degenerative disc disease, due to insufficient medical opinions regarding their etiology.

The Veteran's claims for increased ratings for his lower back disability and right lower extremity radiculopathy are being remanded due to the need for consideration of evidence from a VA examination conducted in July 2019.

The Board has decided that additional development is needed to determine the cause of the Veteran's lumbar spine disability, which may have been incurred during service or due to a motor vehicle accident.

The Board has remanded the Veteran's claims for a right wrist disability and low back disability due to insufficient development of evidence. The claims will be reviewed again with additional examination and opinion.

The Veteran's bilateral plantar fasciitis with pes equinus was not found to meet the criteria for a higher rating as it did not show marked pronation, extreme tenderness of the plantar surfaces of the feet, or marked inward displacement and severe spasm of the tendo achilles on manipulation.,The Veteran’s lumbar spine strain has not been found to meet the criteria for an increased evaluation due to lack of unfavorable ankylosis.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional VA examinations.