Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection for various disabilities, including bilateral hearing loss, right knee disorder, cervical spine disability, lumbar spine disability, headaches with dizziness, and left thumb disability. The appeals are now pending before VA for further examination and determination.

The Board has determined that the Veteran's right lower calf knot is not service-connected, as there is no evidence of a pre-service or in-service occurrence and it is not otherwise related to his active duty.,Initial compensable ratings are granted for hammertoes of both feet. The Veteran currently has hammer toe deformities of multiple toes without claw foot on each side.,The Board has determined that the Veteran's low back disability and sleep disorder, including insomnia and sleep apnea, are not service-connected due to lack of evidence showing a direct or secondary relationship to his active duty.

The Board has remanded the Veteran's claims for a higher rating for his low back disability and TDIU due to service-connected disabilities. The left eye disability claim is not reopened as new and material evidence was not received.

The Board has remanded the Veteran's claims for lumbar spine disability and right arm condition due to incomplete medical records and need for further examination.

The Veteran's service-connected disabilities, including asbestosis, cervical and lumbar spine conditions, shoulder osteoarthritis, tinnitus, knee degenerative arthritis, hypertension, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected conditions.

The Veteran's acquired psychiatric condition, including PTSD, is granted a 70 percent rating for the entire appeal period. Service connection for low back disability and left lower extremity radiculopathy involving the sciatic nerve are also granted. TDIU is granted.

The Board denied service connection for bilateral foot disability and low back disability, but granted service connection for right ankle tendonitis.,There is no effective date provided in the decision.

The Board denied the Veteran's claims of entitlement to service connection for cervical spine disability, lumbar spine disability (including as secondary to cervical spine disability), and left knee disability. The Board found that the pre-existing cervical spine disability did not worsen during service, and there was no evidence of a current lumbar or left knee disability related to service. The Veteran's left knee disability is presumed to have been sound at entry into service.

The Board has determined that additional service records are needed to properly adjudicate the Veteran's claims for diabetes, bilateral hearing loss, lumbosacral strain (chronic lower back pain), missing lower teeth, and permanent scarring of the lower lip. The VA will obtain these records and then readjudicate the cases.

The Veteran's claim for an acquired psychiatric disability other than PTSD, left ankle condition, bilateral knee condition, lower back condition, and headaches is denied as there are no new or material evidence to reopen the claims. The current rating for PTSD already covers her anxiety and depression symptoms.

The Veteran's claim for service connection for a low back disability is reopened, and the appeal is granted. However, the claim for service connection itself is denied.

The Board has remanded the claims for entitlement to service connection for a low back disability and right knee disability due to inadequate VA examinations in October 2017. The Veteran is seeking service connection for these disabilities as secondary to his service-connected right leg and left knee disabilities.

The Board denied the Veteran's appeal because his substantive appeal regarding service connection for a low back condition was not timely filed, as it was received more than 60 days after the November 2016 statement of the case and within the one-year period from the August 2014 rating decision.

The Board has remanded the claims of service connection for a lumbar spine disability, right knee disability, left knee disability, and bilateral flatfoot due to new evidence submitted by the Veteran.

The Veteran's increased ratings for osteoarthritis of the left and right knees are denied. The Board found no evidence that her knee disabilities caused or aggravated her lumbosacral spine disability, thus denying service connection for this condition.

The Board has remanded the issues of service connection for back disability, erectile dysfunction, initial compensable rating for left subclavian artery aneurysm, a rating in excess of 20 percent for diabetes mellitus with diabetic retinopathy, and TDIU due to service-connected disabilities.,VA treatment records are requested as they may be relevant to the issues on appeal.

The Board has granted service connection for a low back disability effective January 28, 2010. The issue of entitlement to service connection for an upper back and/or neck disability is remanded. The issue of TDIU is also remanded.

The Board has remanded the claims of service connection for bilateral pes planus, a back disability, and a right shoulder disability due to issues with substitution. The appellant is seeking to continue her husband's pending claims on the merits.

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

The Veteran's claims for an increased rating for DDD and service connection for a right shoulder disability are being remanded due to the need for additional medical examinations.