Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for low back disorder and acquired psychiatric disorder due to new evidence received since previous decisions. The Veteran's lay statements indicate he had ongoing symptoms after service.

The Veteran's right wrist disability is granted as service-connected.,The Veteran’s low back disability is denied for a rating higher than 10 percent.,Separate ratings of 10 percent are granted for left and right leg radiculopathy since October 20, 2013.,The Veteran's bilateral PFPS conditions do not meet the criteria for an increased rating.

The Veteran's claim for service connection of a lower back condition was denied. The appeal seeking to reopen the claim for tinnitus was granted, and he is now entitled to a disability rating of 50 percent for headaches.,Service connection for sleep apnea, blood condition, dental condition, and abdominal scar were all denied.

The Board has remanded the case due to incomplete service records and insufficient VA medical opinion regarding the etiology of the Veteran's low back disability. The case will be returned for further development.

The Veteran's appeals for increased ratings and restoration of disability ratings are remanded due to the need for further evaluation. The appeal for a total disability rating is also remanded.

The Board has decided to remand the Veteran's claims for increased ratings and TDIU due to inadequate VA examinations, specifically regarding the lumbar spine disability and bilateral lower extremity radiculopathy. The Veteran will need a new examination to address these issues.

The Board dismissed the appeals for earlier effective dates for right leg radiculopathy, tinnitus, and back disability as the Veteran withdrew his appeal regarding right leg radiculopathy. The claims for tinnitus and back disability were denied because no earlier claim was filed.

The Veteran's claims of increased disability ratings for right leg deep vein thrombosis, lumbar spine degenerative joint and disc disease, and bronchitis with pulmonary vascular disease are being remanded due to the failure to comply with prior Board directives.

The appeal for a rating greater than 20 percent for the low back disability is denied. Ratings of 10 and 20 percent are granted for left leg radiculopathy from July 26, 2013 to April 12, 2018, and from April 13, 2018 respectively.

The Board has remanded the claims for service connection for a bilateral shoulder condition, bilateral elbow condition, low back injury, and bilateral hearing loss due to inconsistencies in the VA examination reports with the Veteran's reported symptomology.

The Board denied the Veteran's claim for service connection for degenerative arthritis, lumbar spine as there is no probative evidence linking his current disability to his active military service.

The Board has ordered a new VA examination for the Veteran's lumbar spine and right hip disabilities due to the passage of time since the last examinations, which may indicate worsening symptoms. The claim is remanded for this purpose.

The Veteran's claim for a higher rating for his service-connected thoracolumbar spine disability is granted since October 15, 2012, with a rating of 40 percent. The condition was found to have very limited range of motion but not ankylosis.

The Veteran's hypertension, back disability, and right knee meniscal tear are rated at the minimum levels allowed by law. The Veteran is granted a separate rating for his right knee condition but denied an increased rating for his back disability. His PTSD is initially granted a total rating effective from May 23, 2016.

The Board found that the Veteran's low back disorder existed prior to service and was not aggravated by military service, thus denying her claim for service connection.

The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including right and left foot disabilities, lumbar strain, radiculopathy of the left lower extremity, TBI, left knee condition, right knee condition, and migraine headaches. The issues include determining whether pre-existing bilateral pes planus worsened during service and whether current plantar wart conditions are related to service.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including mental health conditions, GERD, hearing loss, ankle and spine disabilities, as well as a heart disability. The RO has not yet addressed the earlier effective dates for these conditions and is remanded to do so.

The Board denied the Veteran's claim for a higher combined rating, finding that the RO properly applied the bilateral factor to his service-connected disabilities of the left and right upper extremities. The calculated combined rating of 70 percent effective February 9, 1989 was accurate.

The Board has granted service connection for an acquired psychiatric condition other than PTSD as secondary to a service-connected disability (back condition), but denied the claim for a rating in excess of 40 percent for arthritis of the lumbar spine.

The Board denied the Veteran's claims for service connection for various conditions, including a low back condition, arthritis of legs, degenerative arthritis of knees, glaucoma of the right eye, rash on scrotum, penis, buttocks, shoulders, and arms, and residuals of head injury. The evidence received since previous decisions did not meet the criteria to reopen these claims.