Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for carpal tunnel syndrome of the right wrist and a lumbar spine disability due to inadequate medical opinions. The Veteran's TDIU claim is also remanded as it is inextricably intertwined with the other two issues.

The Veteran's gout has been rated at 60 percent since the grant of service connection, effective prior to October 1, 2019. From October 1, 2019 onwards, a higher rating is not warranted. The Veteran's TDIU claim was denied as he did not complete the necessary VA Form 21-8940 and there was insufficient evidence of unemployability due to service-connected disabilities.

The Veteran's claims for service connection for a back condition, neck condition, and migraine headaches have been reopened. The claims for the back and neck conditions are remanded for additional development, including VA examinations to determine their etiology. The claim for migraine headaches is also remanded as it may be related to the back or neck conditions.

The Board denied a request for an earlier effective date for the right knee scar and granted separate ratings for left knee extension limitation, instability, flexion limitation, and service connection for endometriosis, cervical polyps, pelvic pain, respiratory disability, low back disability, right hip disability, left hip disability, and anemia.

The Veteran's claims for increased ratings for his right and left shoulder DJD were denied. The rating for the right shoulder DJD was denied as it did not meet the criteria for a higher rating under Diagnostic Code (DC) 5201.,The Veteran's claim for an increased rating for his left shoulder DJD, which had been rated under DC 5010-5201 and later reassigned to DC 5051, was also denied. The rating of 30 percent under DC 5051 was maintained.

The Board has granted the Veteran's petitions to reopen his previously denied claims for service connection for low back condition, breathing condition (due to herbicide exposure), and hypertension (including irregular heartbeat) due to service-connected diabetes mellitus type II. The cases are remanded for further development.

The Veteran's claim for specially adapted housing is granted due to her service-connected disabilities resulting in the loss of use of both lower extremities, requiring regular and constant use of leg braces.

The Board has remanded the Veteran's claims for service connection due to missing service treatment records and the need for additional VA examinations.

The Veteran's claims for a rating in excess of 20 percent for lumbar degenerative disc disease, TDIU prior to December 18, 2014, and SMC based on the need for regular aid and attendance are being remanded due to incomplete information and need for additional development.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine, shoulder, and hip conditions due to inadequate VA examinations in prior decisions.

The Board has remanded the Veteran's claims for higher initial ratings and TDIU due to new evidence indicating that his conditions have worsened since his last VA examination.

The Veteran's service-connected psychiatric disorder is rated at 30 percent, effective March 24, 2015. The Board granted service connection for lumbar spine disability, left knee disability, and right knee disability.

The Board denied service connection for various conditions, including thoracolumbar disability, broken nose residuals, facial scars, TBI residuals, and loss of teeth, as the evidence did not establish that these disabilities were incurred in line of duty during active service.

The Board has remanded the Veteran's claims of service connection for a low back disability and an acquired psychiatric disability due to inconsistencies in medical opinions and new diagnoses.

The Veteran's lower back disability is rated at 10 percent, based on a combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. The claim for an increased rating for this condition is denied.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the issue regarding a rating in excess of 20 percent for degenerative arthritis of the lumbar spine. The case will be returned to the Board after compliance with appellate procedures.

The Veteran's lumbar spine disability and associated radiculopathy have been granted increased ratings, with the effective date being March 27, 2017.

The Veteran's right knee disorder is granted service connection, while his left knee and upper back disorders are denied.

The Veteran's claims for service connection have been reopened, but the Board has not yet decided whether these conditions are related to his military service.,The Veteran's claims for traumatic brain injury and low back disorder remain pending as they require further examination.

The Board has remanded the claim of service connection for a lumbosacral spine disability due to insufficient VA opinion and lack of treatment records from the time of separation until present. The Veteran is entitled to further development including obtaining VA treatment records, arranging for an addendum medical opinion, and giving the Veteran another opportunity to provide additional evidence.