Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to issues with examinations and development of his claims. The claims are being returned for further development, including VA examinations.

The Board denied the Veteran's claim for service connection of a lumbar spine disorder, finding that there was no evidence to support a link between his current condition and his active duty service or any service-connected conditions.

The Veteran's claim for service connection of a cervical strain (claimed as neck pain and degenerative disc disease) is denied. The Board found the Veteran does not have a current diagnosis of a cervical spine disability, and his symptoms are related to his already service-connected fibromyalgia.

The Board has determined that the VA examinations regarding these claims were inadequate and remanded for further action. The Veteran's hypertension, type 2 diabetes mellitus, bilateral eye blindness, back disability, right hip disability, radiculopathy of the right lower extremity, left ankle disability, and psychiatric disability (depression) are all being reviewed due to their inextricable connection.

The Board has remanded the claims for service connection for bilateral hearing loss, eczema/sarcoidosis of the skin, a lumbar spine condition, and a pulmonary condition due to outstanding medical records and need for further examination.

The Board has remanded three issues: sleep apnea, cervical and lumbar spinal damage, and seizures. The Veteran's service-connected TBI is also being examined to determine its current severity.

The Veteran's service-connected disabilities prevented him from finding and maintaining gainful employment since the filing of his claim in June 2005.

The Veteran's claims for clothing allowances due to the use of bilateral knee braces, back brace, and wrist braces have been denied. The Board found that the Veteran does not meet the criteria for a clothing allowance as his service-connected disabilities do not result in the requisite loss of use of hands or feet, nor are his braces certified by the Under Secretary for Health or designee to cause wear and tear on articles of clothing.,The Veteran's claims were remanded due to missing records including the September 2017 decision, April 2018 Notice of Disagreement, Statement of the Case, Substantive Appeal, and Application for Clothing Allowance forms.

The Board has remanded the claims for reopening service connection for various disabilities due to incomplete records and new evidence is needed.

The Board denied a higher rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Board has determined that an addendum medical opinion is needed to adjudicate the Veteran's claim for compensation under 38 U.S.C. § 1151 due to VA medical treatment in September 2003, as there are conflicting opinions regarding whether allograft and autograft bones were used during the surgery.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability is related to service. The Veteran contends he injured his back lifting heavy artillery shells during service and self-medicated with over-the-counter pain medicine afterwards.

The Veteran's appeal is remanded for additional examinations and development to address the severity of his bilateral knee disorders, neurological abnormalities associated with service-connected lumbar spine disorder, and service connection for an acquired psychiatric disorder (PTSD).

The Veteran's appeal is remanded due to the need for a VA examination to assess the current severity of his service-connected low back condition.

The Veteran's DDD with IVDS of the cervical spine has been rated at 30 percent since January 21, 2020. The Board is remanding this issue for further development.,The Veteran's TDIU claim prior to January 21, 2020 remains pending and will be addressed in a separate decision.

The Veteran's claims for increased ratings and earlier effective dates were denied. The lumbar strain and spondylosis, cervical spondylosis, tonsillectomy, and left knee patellofemoral syndrome are all rated at 40 percent.

The Board has dismissed all service connection claims for various hip and knee conditions, as well as bilateral lymphedema, due to the death of the appellant.

The Board has granted service connection for left knee strain, right knee degenerative arthritis, and degenerative joint disease of the lumbar spine as secondary to the Veteran's service-connected bilateral foot disabilities.

The Board has restored a total disability rating based on individual unemployability from July 1, 1981 and denied service connection for the cause of the Veteran’s death.

The Board denied the Veteran's claim for service connection for low back pain, finding that there was no evidence of an in-service injury or disease and that her current condition is not related to her active duty service.