Back / lumbar spine decisions — 2020

The Board has granted service connection for lumbar disc degeneration, finding that the Veteran's disability had its onset during his military service and is related to his in-service injuries.

The Veteran's lumbar spine disability is granted service connection, and his diabetes mellitus is denied an initial rating in excess of 20 percent.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate from January 1, 2007 to April 22, 2008 is denied because he does not meet the criteria for SMC under 38 U.S.C. § 1114(s). He does not have a single disability rated as 100 percent disabling and is not substantially confined to his house due to service-connected disabilities.

The Veteran's claims for increased ratings for her back disability and left lower extremity radiculopathy, as well as her claim for TDIU, were denied by the Board of Veterans' Appeals.

The Veteran's petition to reopen claims for service connection for acquired psychiatric disability, right knee disorder secondary to left knee disorder, and back disability have been granted. The appeals are remanded.

The Board has granted service connection for left ear hearing loss and degenerative arthritis of the lumbar spine, finding that the evidence is at least in equipoise as to whether these conditions had their onset during military service.,Service connection was also granted for diverticulosis with recurrent diverticulitis. The Veteran's claim for a rating in excess of 30 percent for posttraumatic stress disorder has been withdrawn.

The Board has remanded the cases for further development, including issuing a Statement of the Case and readjudicating the service connection claim for right leg sciatica.

The Board has remanded the case due to deficiencies in the examination and treatment records, as well as for an updated evaluation of the Veteran's back disability.

The Board has decided to remand two issues: service connection for residuals of a low back injury and the rating for a healed left proximal radial head fracture. The Veteran will need to undergo further examinations to determine the nature and etiology of his low back condition, and to assess the current severity of his fractured elbow.

The Veteran's service-connected disabilities prevent him from attending to the needs of nature, caring for himself, or protecting himself from the hazards of his environment. The Board finds that he is in need of regular aid and attendance due to his service-connected conditions.

The Board has remanded the claims for service connection due to inadequate opinions regarding the etiology of the Veteran's bilateral knee and low back conditions, which were related to his service-connected bilateral pes planus. The VA examiner is requested to provide a new opinion addressing these issues.

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The Board has remanded the issues of an initial rating in excess of 10 percent for cervical DDD and service connection for a left hand condition.,There is no current clinical diagnosis for the Veteran's left hand/fingers, and he does not have a disability related to this issue.

The Veteran's claims for an increased disability rating and TDIU are remanded due to the need for additional examinations and records.

The Board has remanded the claims for service connection for bilateral plantar fasciitis, a back condition, and a respiratory condition due to asbestos exposure. The Veteran's representative provided evidence suggesting possible associations with military duties or asbestos exposure.

The Veteran's low back disability is rated at 40 percent effective May 13, 2016. Ratings for the condition prior to that date and in excess of 40 percent from that date are denied.

The Veteran's lumbar retrolisthesis is rated at 20 percent, effective December 4, 2019. Separate 10 percent ratings are granted for left and right leg radiculopathies as of the same date.

The Board has remanded the claims for left knee disability, low back disability, and obstructive sleep apnea due to insufficient medical opinions regarding their etiology. The Veteran's service records were not provided.

The Board has granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine, finding that the Veteran's current disability is as likely as not attributable to his active military service.

The Board has remanded the claims for increased ratings for lumbar spine disability and left lower extremity radiculopathy due to insufficient examinations. The Veteran needs new VA examinations to assess the current severity of his service-connected conditions.