Back / lumbar spine decisions — 2020

The Board has remanded the cases for further development and opinion regarding service connection for actinic keratosis and lumbar strain, as well as a rating for bilateral hearing loss.

The Board has decided to remand the case due to incomplete medical records and requests for additional information from the Veteran.

From May 5, 2009 to October 11, 2012, the Veteran's lumbar strain with degenerative changes was rated at 20 percent.,Since October 12, 2012, a higher rating for his condition is not warranted.

The Board has remanded the cases due to lack of substantial compliance with previous remand directives, specifically regarding obtaining a retrospective medical opinion for the severity of the Veteran's service-connected disabilities during the entire appeal period.

The Board denied the Veteran's claims for service connection for low back disability and neurological disability of upper and lower extremities, finding that there was no evidence linking these conditions to his military service. The Board also denied the claim for TDIU as the Veteran is not currently service-connected for any disabilities.

The Veteran's claim for service connection for left side sciatica was granted, but the effective date is denied. The initial rating of 20% for left side sciatica was granted on October 9, 2019.,Payment at an increased rate of 40% has been granted since October 9, 2019.

The Board has restored the Veteran's original 40 percent rating for degenerative disc disease of the lumbar spine, effective March 1, 2020, as the reduction was improper due to improvement in the Veteran's ability to function.

The Veteran's claim for an earlier effective date for the award of service connection for a lumbar spine disorder is denied as there was no indication of intent to file such a claim prior to October 27, 2010.,The Veteran's claim for an earlier effective date for the award of service connection for LLE radiculopathy is denied as the earliest evidence of this condition is dated April 6, 2015.,The Veteran's claim for an earlier effective date for the award of service connection for RLE radiculopathy is granted with an effective date of February 19, 2020.

The Veteran's claim for service connection for Sjogren’s syndrome has been granted. The claims for service connection for bilateral flat feet, asthma, bilateral hearing loss, and low back disability have been denied. The claim for service connection for allergic rhinitis and tinnitus remains pending.

The Board has granted service connection for low back pain, left knee condition, and acquired psychiatric disorder. The right knee condition is remanded due to a duty to assist error.

The Veteran's chronic headaches, enlarged prostate with lower urinary tract symptoms, and gastroesophageal reflux disease have been granted 10 percent evaluations. The Board has remanded the issues of service connection for left knee disorder, right knee disorder, thoracolumbar spine disorder, neurological disorder of the left lower extremity, right elbow disorder, left elbow disorder, left foot disorder, right foot disorder, and left hip disorder due to insufficient evidence or conflicting opinions.

The Board has decided that the Veteran's claims for service connection are remanded due to a duty to assist error. The Veteran is required to provide information about private medical records related to his claim.

The Board denied service connection for left shoulder, low back, neck, and neurological spine disabilities due to lack of evidence linking these conditions to service.

The Board has granted service connection for lumbar degenerative disc disease and depressive disorder secondary to the Veteran's lumbar spine disability. The decision is based on evidence showing that the Veteran experienced back pain during service, which continued after separation, and that his current depression is related to his service-connected lumbar spine disability.

The Board has remanded the case due to an inadequate VA examination, and a new one is needed for determining the current severity of the lumbar spine disability.

The Board has remanded the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, including as secondary to a service-connected left hip disability. The case is returned to the Board for further examination and determination.

The Board denied the Veteran's claims for service connection for lower back condition, sciatica, and chronic fatigue syndrome as there was no evidence of a current disability or link to service.

The Board has remanded the claim for entitlement to a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected lumbar sprain, right knee instability, asthma, and right knee chondromalacia. The case is being referred to the Director of Compensation Service for extraschedular consideration.

The Board has decided to remand the cases for additional records related to a congressional appeal and the Veteran's entrance into active duty.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that there was no evidence linking his current condition to his military service.