Back / lumbar spine decisions — 2020

The Veteran's service-connected back, hip, and knee disabilities are being remanded for additional examinations to ensure proper evaluation of the severity and manifestations of his conditions.

The Veteran's claims for increased ratings for contact dermatitis, tinnitus, patellofemoral syndrome (left knee), and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) are partially granted. The claim for increased rating for contact dermatitis is denied. The claim for increased rating for tinnitus prior to August 6, 2017, and in excess of 40 percent thereafter for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) is dismissed. The claims for increased ratings for patellofemoral syndrome, left knee, and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (low back disability) are remanded.

The Veteran's appeal is remanded for further evaluation of his PTSD, left knee disability, spine disability, and plantar fasciitis. The current evaluations are denied as they do not meet the criteria for higher ratings.

The Veteran's appeal has been withdrawn due to his request for a withdrawal of the appeals on service connection for PTSD, increased rating for bilateral hearing loss, and increased rating for thoracolumbar spine disability.

The Board has reopened the claim for service connection for a lumbar spine disability due to new and material evidence submitted by the Veteran. However, further development is needed as an examination is required to determine the likely etiology of the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for service connection for lumbar and cervical spine disabilities due to a lack of substantial compliance with a previous remand directive.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of a disease or injury to the lumbar spine during service and that any current disability is not related to service.

The Veteran's claims for service connection have been granted for cracked femur and bilateral hip condition, but denied for DJD of the left knee, DDD of the lumbar spine, and skin rash. The Veteran is also remanded for additional development regarding his foot and ankle conditions.

The Board has remanded the claims due to missing VA treatment records, personnel and financial records from specific time periods. The Veteran's service connection claims are being reconsidered in light of the new evidence.

The Board has determined that the evidence is not in favor of granting service connection for chronic sinusitis, bilateral hearing loss, tinnitus, and a lumbar spine disability. The claims are therefore remanded to allow for further development.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depression, was granted. Her rating for degenerative joint disease of the lumbar spine was restored to 40 percent effective September 24, 2013, after a reduction from 40 percent in July 2018. The Veteran's TDIU claim is also granted.

The Board has remanded the case due to the Veteran raising a claim for total disability evaluation based on individual unemployability (TDIU) during the pendency of his rating issues. The TDIU issue is now part of the rating issues and must be addressed by the RO.

The Board has remanded the case due to inadequate medical opinions and new evidence is needed. The Veteran's back disability may be related to service, but a secondary service connection for his neck disability must also be considered.

The Veteran's initial higher rating claim for a back disability was remanded for a VA examination. The case is now being remanded again due to the Veteran missing his scheduled VA examination in October 2019, and he has requested rescheduling. A new VA examination will be scheduled if he provides good cause.

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The appeal is denied for the remaining issues, including high cholesterol, melanoma, hypothyroidism, peripheral neuropathy, kidney disability, heart disability, lumbar degenerative arthritis, PTSD, diabetes mellitus type II, erectile dysfunction, and TDIU.

The Veteran's claims for service connection of left knee, right knee, lumbar spine, and left ankle disorders are being remanded due to the need for additional evidence and examinations.

The Veteran's service-connected disabilities required the need for aid and attendance, but he did not meet the criteria to be considered housebound.

The Board has granted the claims for service connection for a back disability, Parkinson's disease, and obstructive sleep apnea. The evidence is in equipoise as to whether these conditions were related to service.

The claims for service connection for high cholesterol, hearing loss (right ear), chronic lumbar spine disability (back condition), sleep condition, right knee condition (right leg condition), and left knee condition (left leg condition) have been dismissed.,The claims for service connection for an acquired psychiatric disorder, headaches, hypertension, and erectile dysfunction are being remanded.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including a reduction in rating for his right shoulder disability and ratings for his lumbar spine, knee, and lower extremity radiculopathies. The appeal also includes an issue of service connection for an acquired psychiatric disorder.