Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims of service connection for low back disability, hepatitis C, prostate cancer, and tuberculosis. The appeals to reopen these claims were unsuccessful due to lack of new and material evidence.

The Board has remanded the claims of service connection for right hip, left hip, and back disabilities due to a lack of VA treatment records from September 2012.

The Veteran's application to reopen the claim for service connection for a left ankle disorder was denied as no new and material evidence had been received.,Service connection for sleep apnea was denied because there is no evidence of an in-service injury or a nexus between current sleep apnea and service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his service-connected low back disability and for TDIU due to unclear examination reports from September 2019. The matter is being returned for clarification on whether repetitive motion testing was completed, and if so, its impact on forward flexion.

The Board has remanded the Veteran's claims for alopecia, migraine headaches, low back strain, right knee osteoarthritis with patellofemoral syndrome, and left foot pes planus with plantar fasciitis and left heel spur due to incomplete development of evidence.

The Board has remanded the claims for service connection due to inadequate development in previous examinations and opinions. The Veteran's right shoulder, low back, and respiratory conditions are all being reviewed again.

The Board denied the Veteran's claim for an effective date prior to June 22, 2007 for a 40 percent evaluation for his lumbar spine disability. The evidence did not show that the increase in disability was factually ascertainable before this date.

The Board has remanded the claim for a TDIU due to service-connected disabilities, as there was insufficient information provided by the RO when making the initial decision. The Veteran's employment prior to stopping work is also to be considered.

The Board has granted service connection for the Veteran's low back disability with left lower extremity radiculopathy, finding that his current condition is more likely than not caused by an in-service injury.

The Board has remanded the cases due to incomplete records and need for further examinations. The Veteran's claims for service connection are not decided at this time.

The Veteran's claim for an increased rating in excess of 10 percent for his service-connected degenerative disc disease with invertebral disc syndrome and mechanical low back pain is being remanded due to the need for a new VA examination.

The Board denied the Veteran's claims of service connection for various conditions, including a spinal disorder, bilateral lower extremity radiculopathy, bilateral hearing loss, tinnitus, an acquired psychiatric disorder, and a respiratory disability. The decision found that there was no evidence linking these conditions to his military service.

The Veteran's claim for increased ratings for lumbosacral strain is being remanded due to the need for a new VA examination.

The Veteran's petition to reopen the previously denied claims for service connection of a back condition and neck condition was granted. The claim for an increased rating for PTSD is also granted, with a rating of 70 percent.,Service connection for a back condition is granted as secondary to a service-connected right knee condition.

The Board has remanded the Veteran's claims for low back, left hip, and left knee disabilities due to lack of a medical opinion linking these conditions to his military service. The same is true for his prostate and heart disabilities.

The Board has granted a TDIU rating effective from April 22, 2009, due to the Veteran's service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claims for increased ratings for his service-connected lumbar spine disorder and radiculopathy have been denied. The RO found that the Veteran did not meet the criteria for higher disability ratings at any point during the appeal period.,Specifically, the Veteran’s back condition was rated as 20 percent prior to March 14, 2016, and then as 40 percent from July 1, 2016. The left lower extremity radiculopathy was rated as non-compensable (0%) from March 14, 2016 to April 17, 2017, and as moderately severe thereafter. The right lower extremity radiculopathy was also rated as non-compensable until April 18, 2017, when it was rated as moderately severe.

The Veteran's service-connected disabilities, including coronary artery disease, back disability, diabetes, and others, have rendered him unable to maintain substantially gainful employment. The Board has granted a total disability rating for compensation purposes based on individual unemployability due to these conditions.

The Board has remanded the cases due to inadequate medical opinions and need for further evidence. The Veteran's low back disability may be related to service, but more information is needed. For the pneumothorax, it was determined that the Veteran was on ACDUTRA at the time of his hospitalization.

The Veteran's claims for increased ratings for his service-connected right shoulder, left shoulder, and right knee DJD conditions have been denied. The Veteran's lumbar and thoracic spine condition has also been denied.