Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims for service connection for right knee and leg disability, left knee and leg disability, and lower back disability due to a lack of evidence linking these conditions to service or any other cause.

The Veteran's mechanical low back pain and left knee tendinosis are granted service connection.,Further evaluations for the right elbow, left hip, and left lower rib conditions are needed.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining medical records and reliance on an inadequate opinion. The lumbar spine disability claim is being remanded, as it is inextricably intertwined with the peripheral neuropathy of the bilateral lower extremities claim.

The Veteran's claims for a disability rating greater than 40 percent for a lumbosacral spine disability, an allowance for aid and attendance for his dependent spouse, a total disability rating based on individual unemployability (TDIU), and service connection for a bilateral hip disability were denied due to the untimely filing of his VA Form 9.

The Veteran's claims for service connection and increased evaluations have been denied. The Board found that the Veteran is already compensated for insomnia as a symptom of his PTSD, and there was no evidence of an earlier effective date for fibromyalgia or left knee patellofemoral syndrome. Service connection for photophobia, TBI, IBS, sleep apnea, migraine headaches, and GERD were not established based on the provided medical opinions.

The Veteran's lumbosacral strain, right knee patellofemoral syndrome, and left knee patellofemoral syndrome are rated at 10 percent. The Board has determined that further VA examinations of the Veteran’s lumbar spine and right and left knee disabilities are needed to determine their current severity.

The Veteran's lumbar spine disability and associated radiculopathy of the sciatic and femoral nerves were denied increased ratings. The lumbar spine disability was rated at 40 percent prior to August 13, 2018, and 10 percent thereafter. The left and right lower extremity radiculopathies were also denied increased ratings.

The Board has remanded the Veteran's claims for low back disability, bilateral knee disability, joint disorder, and shin splints due to additional development needed.

The Veteran's appeals for service connection for a right leg fracture, lumbar spine disorder, left ankle disorder, and an initial rating in excess of 10 percent for lateral epicondylitis, right elbow have been withdrawn. The claims for service connection for a skin disorder other than service-connected warts of the feet are remanded.

The Board has remanded cases involving service connection for headaches, right shoulder disability, low back disability, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity due to inadequate medical opinions.

The Board has remanded the Veteran's claims of service connection for various disabilities, including skin disability (claimed as jungle rot), back disability, COPD, left and right ankle disabilities, frostbite disability, heart disability, and an acquired psychiatric disorder. The VA is directed to obtain relevant medical records and provide the Veteran with notice regarding PTSD claims based on personal assault.

The Board has granted a 20% rating for cervical spine stenosis, denied service connection for radiculopathy of the left hand, and remanded issues regarding degenerative arthritis of the lumbar spine and sinusitis. The Veteran is to be scheduled for additional examinations.

The Veteran's bilateral hearing loss is rated as noncompensable, and his DDD of the cervical spine is rated at 30 percent prior to May 31, 2019, and at a maximum of 30 percent thereafter. The appeals for increased ratings are denied.

The Veteran's appeal for higher ratings for his low back condition and left lower extremity radiculopathy, as well as his claim for a TDIU due to service-connected disabilities, was granted. The Veteran is now rated at 40 percent for his low back condition and 10 percent for his left lower extremity radiculopathy.

The Board has remanded the claims for additional development due to lack of VA examinations and new evidence submitted. The Veteran's back condition and skin condition are being reviewed again.

The Veteran's claim for service connection for PTSD has been reopened and granted. Service connection is also granted for an acquired psychiatric disorder secondary to his service-connected tinnitus. The issues of new and material evidence for hearing loss, back condition, bilateral knee condition, head trauma and scarring, and vision problem are remanded.

The Board has remanded the cases for further development due to the need for updated VA treatment records and examinations to assess the severity of the Veteran's disabilities.

The Veteran's appeal is remanded for further examination and opinion regarding his entitlement to SMC based on the need of aid and attendance due to service-connected disabilities, as well as for a new VA examination to determine the nature and etiology of his headaches.

The Board has decided to remand the case due to a lack of VA examination and authorization for private chiropractor records, which are necessary to determine if the Veteran's current back disability is related to her in-service work.

The Board has determined that the Veteran's low back disability is proximately due to or aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.