Back / lumbar spine decisions — 2020

The Veteran's low back disability is rated at 40% effective August 1, 2019. A separate 10% rating for a painful back surgical scar was granted.

The Board denied service connection for a low back disability and liver disease, finding that the evidence did not establish a nexus between these conditions and active service.,Service connection was also denied for liver disease due to presumed exposure at Camp Lejeune. The Veteran's claims were based on presumptive exposure to contaminants in the water supply.

The Board denied an earlier effective date for service connection of PTSD and increased ratings for various knee and spine disabilities, as well as a compensable rating for dermatitis.

The Board has remanded the Veteran's claims for further development due to the unavailability of his service treatment records and the need for additional examinations.

The Board denied service connection for the claimed conditions, finding that there was no evidence of a nexus between the current diagnoses and active duty service.

The Veteran's appeal is being remanded for additional examinations to address the severity of his left knee and thoracolumbar spine disabilities, as the current VA examinations are inadequate due to lack of consideration of flare-ups and functional limitations.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (claimed as insomnia), a bilateral shoulder disability, a lumbar spine disability, residuals of malaria, and a sinus disability. The decision also denied initial compensable ratings for bilateral hearing loss.

The Board has remanded the cases for further development due to insufficient evidence and need for additional examinations.

The Board has decided that the Veteran's service connection claims for back, knee, and hernia disorders should be remanded due to inadequate examination in February 2014.

The Board has remanded the claims for service connection for a low back disorder, an acquired psychiatric disorder (to include PTSD and major depressive disorder), hypertension, transient ischemic attacks (TIAs), and erectile dysfunction (ED) due to in-service stressors. The Veteran's lay statements regarding continuity of symptomatology will be considered.

The Veteran's lumbar osteoarthritis to include lumbar strain and degenerative arthritis of the spine was granted service connection with an effective date of September 12, 2016. The Veteran's sleep apnea (claimed as sleep disturbances) and acquired psychiatric disorder were denied service connection.

The Board granted service connection for left and right lower extremity radiculopathy, effective January 6, 2010, and a 40 percent evaluation for lumbar osteoarthritis L5/S1 (previously diagnosed as degenerative disc disease and spondylosis of L4-5 and L5-S1), effective February 29, 2008.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of all issues on appeal, including service connection for various disabilities and compensation under 38 U.S.C. § 1151 due to VA treatment.

The Board has determined that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring it.

The Board has found the VA examinations inadequate and remanded for further evaluations, including a new examination to assess the Veteran's service-connected lumbar spine disability. The TDIU issue is also being remanded.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to May 14, 2012. The evidence did not show that his service-connected disabilities alone prevented him from securing or maintaining substantially gainful employment.

The Board has granted service connection for the Veteran's right knee and low back disabilities, finding that these conditions began during his military service and have persisted since then.

The Veteran's claims for higher ratings for his lumbar spine and right knee disabilities are being remanded due to the need for additional examination and analysis.

The Board has dismissed all issues of service connection for various disabilities as the Veteran did not allege specific errors of law or fact in the determinations.

The Board has denied the Veteran's claim for service connection for a low back disorder and has remanded issues regarding a compensable rating for surgical scars, status post kidney surgery, and service connection for bilateral hearing loss.