Back / lumbar spine decisions — 2020

The Board has denied the initial compensable rating for cervical and lumbar spine surgery scars, but has remanded the SMC claim due to insufficient evidence regarding the Veteran's need for aid and attendance or housebound status.

The Veteran's low back disability is rated at 20% prior to May 28, 2015 and 40% from May 13, 2019. The right hip radiculopathy is rated at 40%. Other conditions are either denied or not addressed in the decision.

The Veteran's claims for service connection have been reopened and are being remanded due to the need for additional examinations. The issues of entitlement to service connection for allergic rhinitis, hypertension, gastroesophageal reflux disease (GERD), left shoulder disability, right shoulder disability, low back disability, and left knee disability are all being remanded.

The Veteran's claim for service connection of a back condition has been reopened and granted.,An initial compensable rating for allergic rhinitis is denied.,Service connection for headaches and CTS are both granted.,The issue of service connection for a back condition remains pending.

The Board denied the Veteran's claim for service connection for a lumbar spine condition, finding that there was no evidence linking his current disability to his military service.

The Board has denied service connection for cervical and low back disabilities, but has remanded the issues of bilateral hearing loss and tinnitus.

The Board has remanded three of the four issues on appeal due to the need for additional VA examinations and the need to obtain outstanding VA treatment records. The Veteran's anxiety disorder, lumbar spine disability, and right lower extremity radiculopathy are all being examined again.

The Board has remanded the claims for service connection for a psychiatric disorder, neck condition, low back condition, and left shoulder condition due to insufficient evidence of current disabilities or connections to service.

The Board has determined that the Veteran's right elbow disorder is related to his service-connected right wrist condition and remanded for further examination. The ratings for lumbar strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are also remanded due to lack of recent examinations.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder, headaches, tinnitus, and traumatic brain injury.,The Veteran’s cervical spine strain with degenerative arthritis does not meet the criteria for a higher evaluation due to lack of incapacitating episodes.,The effective date for service connection for radiculopathy of the right upper extremity is granted as March 27, 2017.

The Board has remanded the cases for additional development and examination to address service connection claims, increased rating claims, and separate ratings for surgical scars. The Veteran's lumbar spine disability, OSA, hammertoe disability, bilateral knee disabilities, and bilateral plantar calluses are at issue.

The Board has remanded the five issues on appeal due to additional evidence being added to the claims file. The Veteran was notified and had the opportunity to waive AOJ review, but chose for his case to be remanded.

The Board denied the Veteran's claim for service connection for a lower back condition, including intervertebral disc syndrome and scoliosis of undetermined etiology. The decision found that the preexisting congenital scoliosis was not aggravated during service.

The Veteran's appeals for service connection have been dismissed as he has withdrawn his appeal.

The Board has remanded the case for additional development due to issues with scheduled VA examinations and updated treatment records.

The Board dismissed the earlier effective date claim for a back disability. The increased rating claims were denied prior to September 3, 2019, and remanded for further action thereafter.

The Board has granted the Veteran's claim for service connection for degenerative joint and disc disease of the thoracolumbar spine, finding that his symptoms are related to his active duty service.

The Veteran's claim for service connection for his lumbar spine condition has been remanded due to insufficient evidence in the record.,The Veteran's TDIU claim is also being remanded as there are issues with the current evidence.

The Veteran's DJD of the lumbar spine and DDD of the cervical spine are related to her military service, leading to a grant of service connection for both conditions. A 50% rating is granted for migraines from January 3, 2017.

The Board has dismissed the appeals for a rating in excess of 40 percent for low back disability and service connection for muscle spasms as secondary to the service-connected low back disability due to the Veteran's death.