Back / lumbar spine decisions — 2020

The Board has decided to remand the case due to an inadequate examination and failure to consider lay evidence. The Veteran's back condition is being reviewed again for a proper opinion.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include PFB, lumbar and cervical neck disabilities, OSA, hypertension, and pes planus.

The Board has remanded the issues of service connection for a low back disability and entitlement to an increased rating for left fibula fracture due to inadequate medical opinions in previous examinations.

The Board denied the Veteran's claims for service connection for a cervical spine disability, finding that there was no evidence of a direct relationship to service and insufficient evidence linking any current condition to his service-connected left knee disability.

The Veteran's claim for an increased rating of 20 percent prior to May 14, 2019, for degenerative disc disease (DDD) of the thoracolumbar spine was granted. A higher rating is denied at any time during the appeal period.

The Board denied the Veteran's claims for service connection for lumbar spine degenerative disc disease with spinal stenosis, bilateral hearing loss, and tinnitus. The evidence did not support a finding that these conditions began during service or were related to in-service injuries.

The Board denied the Veteran's claims for service connection for lower back and right hip conditions, finding no current disabilities within VA regulations' definition. The Board concluded that the evidence did not support a diagnosis of these conditions.

The appeal to reopen claims for service connection of PTSD, OSA, and low back disability is granted.,The appeals to reopen claims for service connection of right carpal tunnel syndrome, left carpal tunnel syndrome, anemia, tenosynovitis, and OSA are remanded. The claim to reopen service connection for a low back disability remains on appeal.,Service connection for hypertension is granted from the date last worked in November 2012.

The Veteran's migraine headaches are rated at the maximum schedular rating of 50 percent, which is the highest available. The VA examiner found that the Veteran’s migraines meet the criteria for a 50 percent evaluation due to their very frequent and prolonged attacks.,For cervical spine strain with mild spondylotic changes, the Veteran's condition is currently rated at 10 percent. The VA examination indicated that the Veteran does not have forward flexion of the cervical spine greater than 15 degrees or combined range of motion not greater than 170 degrees, which are required for a higher rating.

The Board has remanded the Veteran's claims for service connection for various ankle, back, hip, and knee disabilities due to insufficient evidence in the record. The Veteran must be scheduled for a VA examination of his left ankle disability, and additional opinions are needed regarding secondary service connection for other disabilities.

The Board has denied service connection for a right ankle condition and remanded the issue of service connection for low back sprain. The Veteran's current right ankle symptomatology is not attributable to her in-service injury, while her low back symptoms may be related to service.

The Board has granted service connection for low back, right knee, and right hip disabilities. The low back disability is related to in-service injury. The right knee disability is related to military service as it was aggravated by a pre-existing condition during service. The right hip disability is secondary to the right knee disability.

The Board has granted service connection for fibromyalgia and remanded the issues of increased ratings for right knee strain, left knee strain, and lumbosacral strain. The TDIU claim is also remanded.

The Board has granted the Veteran's claim for secondary service connection for sleep apnea, finding that it is at least as likely as not caused by his service-connected PTSD and back disability.

The Veteran's claims for service connection have been reopened, but the Board is remanding them to obtain additional medical opinions regarding the nature and etiology of his low back pain, OSA, and right ankle disability.

The Board has remanded the claims for additional development due to incomplete evidence and conflicting medical opinions.

The Veteran's back disability is now rated at 40 percent, effective April 30, 2013. Service connection for DDD and right lower extremity radiculopathy are granted.

The Veteran's claims for service connection for a left shoulder condition, low back condition, cervical spine condition, acquired psychiatric disorder (including PTSD and anxiety disorder), and bilateral hearing loss are being remanded due to the need for additional development.,The Veteran's claim for service connection for sleep apnea is also being remanded as it may be secondary to an acquired psychiatric disorder.

The Veteran's claim for service connection for bilateral hearing loss has been denied as the evidence does not meet the criteria for a disability under VA regulations.,The Veteran's claim for an increased rating for lumbosacral strain has also been denied, with the Board finding that his current 10% rating is appropriate based on the examination findings and medical records.

The appeals for service connection for bilateral cataracts, prostate cancer, and tinnitus have been dismissed.,Service connection has been granted for carpal tunnel syndrome of the left upper extremity and right upper extremity.