Back / lumbar spine decisions — 2020

The Board has decided to remand the case due to incomplete records and an inadequate opinion, requiring a new examination.

The Veteran's appeal for an initial disability rating greater than 10 percent for tinnitus, and the grant of service connection for tinnitus prior to February 4, 2015 have been dismissed.,The Veteran's appeals for service connection for ovarian disorder, vitamin deficiency, right ankle chronic lateral collateral ligament sprain, loss of sleep, and a migraine headache disorder have all been dismissed.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 20 percent, but the Board finds no evidence to warrant a higher rating.,The Veteran's right leg radiculopathy (sciatic nerve) is rated at 20 percent, and the Board finds no evidence to warrant a higher rating.,Prior to December 16, 2016, the Veteran's left leg radiculopathy (sciatic nerve) was rated at 10 percent. The Board finds no evidence to warrant a higher rating.,Beginning December 16, 2016, the Veteran's left leg radiculopathy (sciatic nerve) is rated at 20 percent and the Board finds no evidence to warrant a higher rating.

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and VA examinations.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional development.,No effective date earlier than August 17, 2011 has been granted for the grant of noncompensable evaluations for right and left knee limitation of extension.

The Board has granted the Veteran's claims to reopen his service connection for bilateral hearing loss and lumbar spine disorder. The appeals regarding increased ratings for atrial fibrillation, right ankle disorder, and right knee degenerative joint disease are remanded. The TDIU claim is also remanded.

The Veteran's lower back disability, cervical spine disability, and upper extremity radiculopathy have been granted service connection. A 30 percent rating has been assigned for the cervical spine disability since November 9, 2019.

The Board has remanded the claims for hypertension and left ventricular hypertrophy due to their inextricability with service connection for tinnitus. The low back condition and neck condition remain denied as there is no causal relationship established between these conditions and service.

The Board has remanded the case due to an inadequate September 2014 VA examination, which did not adequately consider flare-ups of disability associated with the service-connected back disorder. The Veteran is required to provide updated treatment records and undergo a VA medical examination to determine the current severity of his service-connected degenerative disc disease (DDD) with herniated disc L5-S1.

The Veteran withdrew his appeals for the ratings of bilateral hearing loss and back disability, resulting in their dismissal.

The Board has remanded the claim for a lumbar spine disability due to insufficient rationale in the previous VA examination and need for additional development.

The Board has decided to remand the claims for service connection for right shoulder labral tear and lumbosacral / low back strain due to incomplete medical records. The Veteran's STRs are missing, which is why these cases have been sent back for further investigation.

The Veteran's Parkinson’s disease and acquired psychiatric disorder (PTSD and MDD) are not service-connected.,Service connection for an acquired psychiatric disorder (PTSD and MDD), leukemia, COPD, AC joint arthritis of the left shoulder, urinary frequency, erectile dysfunction, sleep apnea, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, cervical spine disability (cervical spine disability), DMII (diabetes mellitus, type II), and lumbar spine disability are not granted.,Service connection for leukemia is remanded.,Service connection for COPD is remanded.,Service connection for AC joint arthritis of the left shoulder (claimed as arthritis of the left shoulder) is remanded.,Service connection for urinary frequency, to include as secondary to service-connected DMII with diabetic ulcer of the right foot or service-connected lumbar spine disability, and service connection for erectile dysfunction, to include as secondary to service-connected DMII or service-connected lumbar spine disability are remanded.,Service connection for sleep apnea is remanded.,Service connection for peripheral neuropathy of the right upper extremity prior to July 19, 2012, and higher than 30 percent thereafter; peripheral neuropathy of the left upper extremity prior to July 19, 2012, and higher than 20 percent thereafter; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity are remanded.,Service connection for cervical spine disability (cervical spine disability); service connection for DMII (diabetes mellitus, type II); and service connection for lumbar spine disability are remanded.,Service connection for CAD associated with hypertension is remanded.,Service connection for lipoma tumor on the spine is remanded.

The Veteran's claim for a temporary 100 percent rating based on surgical or other treatment necessitating convalescence is remanded due to missing relevant treatment records. The AOJ must request the Veteran to identify any outstanding records and obtain them, then readjudicate the case.

The Board has granted service connection for a low back disability and reopened the claim of entitlement to service connection for erectile dysfunction, including secondary to service-connected disabilities. The appeal regarding an increased evaluation for bilateral hearing loss is dismissed.,Service connection for a low back disability is established based on continuity of symptomatology from service until present. Service connection for erectile dysfunction is granted as it is at least as likely as not related to the Veteran's military service.

The Board has remanded the Veteran's claims for service connection for low back disability, left knee disability, and right knee disability due to insufficient medical opinions regarding the onset of these conditions during active duty.

The Board has denied the Veteran's claims for service connection for an inguinal hernia, obstructive sleep apnea, and a lumbar spine disability. The evidence does not support a finding that any of these conditions are related to military service.

The Veteran's service-connected disabilities, including a right leg amputation below the knee, adjustment disorder, peripheral neuropathy of the left lower extremity, right leg scars, and back disability, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted TDIU based on these conditions.

The Veteran's appeal for higher ratings and TDIU is remanded due to the need for additional medical examination and records. The case will be returned after compliance with appellate procedures.

The Veteran's service-connected disabilities render him unemployable, and the Board has ordered a remand to determine his employability.