Back / lumbar spine decisions — 2020

The Veteran's low back disability has been granted a 40 percent evaluation, but no higher, throughout the appeal period.

The Board has granted service connection for hypertension. The cases of low back disorder, cervical spine disorder, right shoulder disorder, right ankle disorder, and left ankle disorder are remanded due to the need for additional examinations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's back condition, including a lack of adequate VA examination and private treatment records.

The Board has granted service connection for lumbar and cervical spine disabilities, finding that the Veteran's current conditions are related to his military service. The claims were reopened due to new evidence received since the initial denial in 1994.

The Board has remanded the claims of service connection for right shoulder and low back disabilities due to insufficient examination findings. The Veteran is required to undergo a new VA examination to determine if he currently has these conditions and whether they are related to his military service.

The Board has remanded the case due to the need for additional evidence and an examination, as well as a TDIU claim.

The Board has remanded the Veteran's claims for low back disability and dental trauma due to insufficient evidence regarding their etiology. The issues of service connection are now pending.

The Board denied the Veteran's applications to reopen his claims for service connection for various conditions, including hypertension, ED, an eye disorder, a stroke, cardiomegaly, bilateral flat feet, and enlarged prostate. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected disabilities, including back disorder, bilateral lumbar radiculopathy of the lower extremity sciatic nerves, tinnitus, and GERD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has reopened the Veteran's claim for service connection for a low back condition and granted it, finding that new evidence supports the claim. The preponderance of the evidence indicates that the Veteran's current low back condition is related to his military service.

The Board denied the Veteran's claim for service connection of a back disability, finding that his current degenerative arthritis was more likely due to aging and wear and tear over time, rather than an in-service injury.

The Board has determined that the Veteran's lower back disability is related to his military service, including a motor vehicle accident in 2009. The evidence is at least in equipoise as to whether this condition was caused by or aggravated during service.

The Board has determined that further development is needed for the Veteran's right ankle sprain and chronic lumbar strain claims, as the current VA examinations do not comply with Correia v. McDonald (2016) requirements and are outdated.

The Veteran's disability rating for degenerative disc disease L5-S1 with lumbar strain was denied restoration to 20 percent, and his increased rating claim from January 1, 2019, was also denied.

The Board has reopened the Veteran's claims for service connection for neck disability, back disability, bilateral knee disability, and allergic rhinitis due to new evidence. However, these claims are still pending as they have been remanded for further development.

The Veteran's appeals for increased ratings and service connection were dismissed due to his death.

The Board has remanded the Veteran's claims for low back, right knee, left knee, right foot, left foot, neurological disorders (fibromyalgia and toxic encephalopathy), CFS, heart disorder, obstructive sleep apnea, hypertension, left ear hearing loss, and right ear hearing loss. The appeals are now pending with the AOJ.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.

The Board has reopened the previously denied claims of service connection for low back pain and inflammatory arthritis, finding new and material evidence. Service connection is granted for inflammatory arthritis.

The Board has decided that the Veteran's lumbar strain and inguinal hernia claims are remanded for further development, including a VA examination to determine if these conditions are related to active service.