Back / lumbar spine decisions — 2020

The Veteran's lumbar sprain/strain with intervertebral disc syndrome (IVDS) is currently rated at 20 percent, and the Board has ordered a new VA examination to determine if his symptoms have worsened since his last evaluation.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional medical examinations to assess his current disability levels and determine if his symptoms are related to service.

The Board has dismissed all issues of service connection and the evaluation for left knee lateral meniscal tear with meniscectomy and residual degenerative joint disease due to the death of the appellant.

The Veteran's claim for an initial evaluation in excess of 10 percent prior to March 7, 2018, for a service-connected lumbar strain is remanded due to the need for additional VA spine examination records and private treatment records.

The Board has remanded the Veteran's claims for a VA medical examination to assess the current severity of his service-connected lumbosacral spine degenerative disc disease and degenerative arthritis with spondylolisthesis, as well as right lower extremity radiculopathy.

The Veteran's claims for increased ratings for his neck and back disabilities have been denied. The evidence does not show the required functional limitations to warrant higher ratings.,For the period prior to June 16, 2019, the Veteran’s cervical spine disability was rated at 10 percent disabling, which is the maximum rating available under Diagnostic Code 5242 for a neck disability. From June 16, 2019, the rating remained at 20 percent.

The Board has remanded the case due to additional evidence being added to the file and a need for further development, including an updated VA examination.

The Board has remanded the case due to a lack of a VA examination for the Veteran's back disability, which was previously scheduled but canceled. The examiner is asked to determine if the Veteran's current back disability is related to service.

The Veteran's claims for service connection for a lumbar spine disorder, sleep apnea, and foot fungus condition are granted. The lumbar spine disorder is found to be secondary to his service-connected bilateral knee impairment. Service connection for sleep apnea is established as it preexisted the Veteran's final period of active duty but worsened during that time. The foot fungus condition began during active service.

The application to reopen the claim for service connection for a lumbosacral strain with DDD was denied. The Veteran's new and material evidence did not relate to an unestablished fact necessary to substantiate this claim.,The application to reopen the claim for service connection for tinnitus was granted. New evidence related to an unestablished fact (a nexus between the claimed disability and service) that supported reopening of the claim.

The Board has granted service connection for neck and back disabilities, finding the evidence at least in equipoise that these conditions are related to the Veteran's 1977 motor vehicle accident during active service. Service connection is denied for a left shoulder disability.

The Board has remanded the claims of service connection for low back disability, bilateral knee disabilities, and hypertension. The low back disability claim is denied as there is no evidence it was incurred during service or related to any in-service injury.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of in-service injury or disease related to his low back condition and that any current low back disability is not related to his military service or a service-connected right ankle condition.

The Board has remanded the Veteran's claims for higher ratings for his lumbar spine disability, right and left lower extremity radiculopathy, as there is insufficient evidence to determine if these conditions are related to service.

The Board has denied the Veteran's claims of service connection for neck disability, low back disability, and head injury due to lack of evidence linking these conditions to his active service.

The Board has granted the petitions to reopen claims for service connection for PTSD, a back disability, bilateral foot disability, and memory loss. The cases are remanded for further development.

The Veteran's initial 20% rating for left ankle disability is granted. Service connection claims for chest, low back, and right hip disabilities are denied.

The Board has remanded the claims for Osgood-Schlatter's disease of both knees, headaches, visual floaters, bilateral hearing loss, degenerative disc disorder (DDD), photophobia, traumatic brain injury (TBI), and a neck condition due to outstanding VA treatment records.

The Veteran's reduced rating for degenerative disc disease, lumbar spine was not proper and a restoration of the 20 percent rating is granted. The issue of increased ratings for degenerative disc disease of the lumbar and cervical spines remains remanded.

The Board has granted service connection for a low back disability, finding that the Veteran's current diagnosis is causally related to his in-service injury and resolving all reasonable doubt in favor of the Veteran.