Back / lumbar spine decisions — 2020

The Veteran withdrew his appeal for increased ratings in writing prior to the hearing, thus all issues on appeal are dismissed.

The Veteran's claim for an evaluation in excess of 10 percent for his service-connected residual scars has been denied.,The Veteran's claims for service connection for erectile dysfunction, intermittent numbness of the left hand and fingers, and intermittent numbness of the left knee and lower leg have been remanded to obtain additional medical opinions.,The Veteran's claim for an evaluation in excess of 30 percent for his service-connected PTSD has been remanded to obtain a new VA examination.,The Veteran's claims for evaluations in excess of 40 percent for his service-connected back conditions, resection of the large intestine, and removal of left kidney have been remanded to obtain additional medical opinions.,The Veteran's claim for TDIU has been remanded due to the interrelated nature with other increased rating claims.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance/housebound is remanded due to the need for further examination regarding his reported incontinence symptoms and inability to stand for more than 2 minutes.

An initial disability rating of 20 percent is granted for low back strain from December 1, 2009.,A higher initial disability rating in excess of 20 percent for the low back strain is denied throughout the entire appeal period.,Higher initial disability ratings for radiculopathy of the right lower extremity are denied since October 24, 2019.

The Board has dismissed the claim of service connection for sleep apnea as it was granted in a prior rating decision, and thus there is no longer a justiciable case or controversy.

The Veteran's claims for service connection for carpal tunnel syndrome of the right wrist and left wrist have been denied as there is no evidence that these conditions are related to his military service.,Service connection has also been denied for a low back disability, with the rating assigned being less than what the Veteran requested.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues include low back, left hip, and left knee disorders as well as a TBI and acquired psychiatric disorder.

The Board denied service connection for left hip disability, right hip disability (secondary to left hip), pelvic girdle muscle weakness (secondary to left hip), low back disability (secondary to left hip), left knee disability (secondary to left hip), and acquired psychiatric disorder (secondary to left hip).,All claims were denied as the Veteran's preexisting left hip disability did not undergo an increase in severity beyond natural progression by an injury sustained during a period of active service.

The Veteran's appeal for higher ratings and earlier effective dates for cervical and lumbar strain disorders have been dismissed as the claims were already decided by the Board in June 2016.

The Veteran's spine disability and right lower extremity radiculopathy are being remanded for additional development as the current VA examination is inadequate to rate these conditions.

The Veteran's claim for service connection for a back disability (claimed as low back and lumbar spine) has been reopened, and the Board finds that new and material evidence has been submitted. Service connection is granted.,An earlier effective date of June 16, 2011, for service connection for persistent depressive disorder is granted.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine due to insufficient evidence regarding the etiology of his condition. The claim will be further evaluated based on new and material evidence.

The Board has remanded the Veteran's claims for service connection for bilateral pes planus and degenerative arthritis of the spine with intervertebral disc syndrome and spinal stenosis (lumbar spine disability) due to a duty to assist error. The Veteran is required to provide VA with his outstanding VA treatment records from the Hickory Outpatient Clinic in Asheville, NC.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain was denied. Separate ratings for right and left lower extremity radiculopathy were granted, but the appeal is denied.

The Board has decided to remand the Veteran's claim for service connection for chronic low back pain due to inadequate examination and incomplete medical records. The case will be returned for further development, including obtaining private treatment records and a new VA examination.

The Board has granted service connection for a low back disorder, finding that the evidence is in equipoise regarding a relationship between the current low back disorder and the Veteran's service-connected lower extremity disabilities.

The Veteran's PTSD is granted a 70 percent rating, effective from the date of this decision.,Service connection for CFS is denied. The Board found no evidence of current diagnosis or etiology related to service.,Service connection for a low back disability is remanded due to inadequate examination in April 2016.

The Board has granted service connection for achilles tendonitis, right lower extremity and chronic low back strain. The issues of entitlement to service connection for DJD, right shoulder and DJD, left shoulder have been remanded.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the lumbar spine, cervical spine, and right hip as there is no evidence showing a current disability or causation related to his active duty service.

The Veteran's claim for service connection has been granted for tinnitus, and the issues of service connection for arthritis, asthma, high cholesterol, gastroesophageal reflux disease (GERD), diverticulitis, and an acquired psychiatric disorder have also been granted. The claims for hearing loss and bilateral hands/low back arthritis are still pending.