Back / lumbar spine decisions — 2020

The Board denied service connection for left hip, buttock injury, and back conditions due to lack of in-service complaints or treatment. The Veteran's PTSD was rated at 30%.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no medical evidence linking his current condition to his military service.

The Board has granted service connection for right ankle disability, low back disability, neck disability, and right upper extremity neuropathy. The decision is based on the Veteran's credible assertions of in-service injuries resulting in current disabilities.

The Board granted a higher initial disability rating of 40 percent for the service connected DDD of the thoracolumbar spine, effective from April 10, 2006. The decision also addressed an earlier effective date and dismissed a CUE motion.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disability is related to his military service. A new medical opinion is needed.

The Board has denied service connection for the Veteran's lumbar spine disability and remanded the issue of left foot disorders due to right foot avulsion fracture cuneiform.

The Veteran's lumbar degenerative disc disease was found to not meet the criteria for a higher initial rating, as his range of motion did not meet the requirements for a 20% rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment, and the claim for total disability rating based on individual unemployability is denied.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to inadequate VA examinations in July 2018. The Veteran is also required to provide additional medical records.

The Board denied service connection for right hip and toe disabilities, finding no evidence of a separate disability from the service-connected lumbar spine disability.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss, and therefore denied his claim. The claims for PTSD, low testosterone, low back condition, CFS, and GERD are remanded due to insufficient evidence.

The Veteran's surviving spouse is requesting an earlier effective date for a 60 percent rating for his service-connected Shell Fragment Wound (S.F.W.), left side posteriorly with myalgia, chronic, dorsolumbar mild left muscle group XX with lumbar spondylosis and degenerative disc disease. The VA has not obtained all of the Veteran's VA treatment records from prior to 1997, which may contain relevant information for this claim.

The Board has remanded several issues, including the rating for low back disability, adjustment disorder, post-traumatic headaches, and left knee disability. The AOJ is required to issue a statement of the case for TDIU prior to July 19, 2016, and readjudicate all claims.

The Veteran's lumbar spine disability, along with associated radiculopathy in both lower extremities and left ankle disability, are all rated at 40 percent disabling for the entire period on appeal.

The Veteran's service-connected back disability and radiculopathy have been rated at 20 percent, with a TDIU granted. The rating for the back disability is maintained as there is no evidence of unfavorable ankylosis or severe lumbosacral strain.

The Board denied an earlier effective date for the grant of service connection for degenerative arthritis of the lumbar spine, finding that the Veteran did not file a claim prior to November 5, 2008.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and conducting new examinations to assess her left knee and lumbar spine disabilities. The issues of higher ratings for bronchial asthma, chronic lumbosacral paraspinal spasms, instability of the left knee, and left knee meniscal tear are all remanded.

The Veteran's claim for service connection for a low back disability was denied due to lack of evidence showing the condition began during or is related to her military service.,Her right fifth metacarpal fracture resulted in pain and stiffness, requiring periodic stretching. She received a 10% rating for patellofemoral syndrome, right knee, effective May 23, 2018.

The Veteran's claims for service connection for right hand joint pain, stiffness and swelling, left elbow degenerative arthritis, right elbow joint pain, stiffness and swelling, right shoulder joint pain, stiffness, swelling and loss of motion and function, left upper extremity numbness, right upper extremity numbness, nausea and vomiting, and erectile dysfunction have been dismissed.,The Veteran's claims for service connection for lumbar spine degenerative disc disease, including as secondary to service-connected traumatic brain injury (TBI), neck pain, stiffness and swelling, including as secondary to service-connected TBI, left knee joint pain, including as secondary to service-connected right knee and left foot disabilities, Athlete's foot, right foot, and TMJD, including as secondary to service-connected TBI have been remanded.

The Board has determined that the remand of issues related to the Veteran's lumbar spine disability and radiculopathy is necessary due to the potential impact on a TDIU claim. The Veteran’s work history needs to be clarified, as it is unclear when he stopped working.