Back / lumbar spine decisions — 2020

The Board has dismissed the Veteran's appeals for initial evaluations in excess of 10 percent for thoracic lumbar strain, right ankle strain, and a right shoulder strain prior to August 24, 2016, and over 20 percent thereafter. The appeal was withdrawn by the Veteran through his authorized representative.

The Board dismissed the claims for diabetes mellitus type II and schizophrenia. The hearing loss disability claim was reopened, but the issues of left hip, right hip, back, and headache disabilities were remanded.

The Board denied the Veteran's claim for service connection of a lower back disorder, finding that there was no evidence of an in-service injury or disease and that arthritis did not manifest within one year of separation from service.

The Veteran's service was not considered qualifying for VA non-service-connected disability pension benefits due to his discharge from active duty before the required 90 days, and he did not have a service-connected disability at the time of discharge. His claims for other conditions were denied.

The Veteran's claims for increased ratings for his service-connected back condition and right lower extremity radiculopathy are being remanded due to the need for additional medical examinations and retrieval of outstanding VA and private treatment records.

The Board denied the claim for service connection for a lumbar spine condition, finding that the appellant's current conditions are not related to an in-service injury and were more likely due to his age. The L5 sacralization was determined to be a congenital defect.

The Veteran's claim for higher ratings for his back disability was denied. He was previously rated at 10 percent before November 3, 2011 and is currently rated at 20 percent from August 13, 2013 onwards.

The Board has found that additional development is needed before the claims can be adjudicated on the merits. The RO must attempt to obtain VA treatment records from Overton Brooks VA Medical Center and private medical providers, including Dr. M. Dhawan in Shreveport, Louisiana.

The Board has granted service connection for the Veteran's back and neck disabilities, but has remanded her eye disability and hypertension claims due to incomplete records.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and residuals of heat stroke due to inadequate opinions in the original VA examinations.

The Veteran's diabetes mellitus type II is not service-connected as it did not manifest within one year of separation from active duty and there is no evidence linking it to his thoracolumbar spine disability.,For the period prior to June 4, 2019, a 20% rating for the thoracolumbar spine disability was granted. Since then, a higher rating has been denied.

The Board denied the Veteran's claims for service connection for a back disability, bilateral hip disability, and acquired psychiatric disability (PTSD), finding that there was no evidence linking these conditions to her service-connected knee disabilities or any other service events. The Board also found insufficient evidence of an in-service personal assault leading to PTSD.

The Board has reopened the claim for service connection for a low back disability and denied service connection for migraine headaches. The reopening is based on new evidence that relates to an unestablished fact necessary to substantiate the claim, which includes details of the Veteran's in-service motor vehicle accident and post-service symptoms. Service connection was not granted as there is no medical evidence linking current low back disability to active military service.

The Board has determined that additional evaluations and examinations are needed for the Veteran's hearing loss, carpel tunnel syndrome, joint pain, low back disability, and right foot disability claims.

The Board is remanding the case due to an error in determining when the Veteran's claims were abandoned, and requests that additional evidence be obtained before a decision can be made.

The Veteran's appeals for increased ratings in excess of 30 percent for status post thyroid papillary carcinoma with total thyroidectomy and residual, 20 percent for impingement of the left shoulder, and 10 percent for degenerative disc disease of the thoracolumbar spine have been dismissed due to his withdrawal of these claims.

The Board has determined that additional development is needed for the claims of service connection for various disabilities, including left arm disability, back disability, vision disability, heart disability, hypertension, and prostate cancer. The case is being remanded to allow for further examination and consideration.

The Veteran's appeal for a separate evaluation of his neurological impairment related to his service-connected degenerative disc disease was denied because he failed to report for the scheduled VA examination and there is no evidence of current radicular symptoms associated with his back disability.

The Board has remanded the cases of sleep apnea and low back disorder for additional VA medical opinions. The decision on initial compensable rating for bilateral hearing loss remains denied.

The Board has decided to remand the case due to insufficient information regarding the etiology of the Veteran's lumbar radiculopathy and DDD. The Veteran needs a VA examination to determine if these conditions are related to his active duty service.