Back / lumbar spine decisions — 2020

The Veteran's application to reopen the previously denied claim for service connection for hearing loss of the right ear has been granted. Service connection is also granted for OSA, cervicogenic headaches, and cervical spine disability.,Service connection is granted for erectile dysfunction (ED), hypertension, a disability manifested by loss of balance secondary to cervical spine disability, lumbar spine disability, thyroid disorder, and tinnitus.

The Veteran's service-connected low back disability is rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating due to its current functional limitations.

The Veteran's service-connected disabilities, including Major Depressive Disorder, Posttraumatic Stress Disorder, Degenerative Disc Disease with associated bilateral lower extremity radiculopathy, and Diabetes, rendered him unable to secure or follow a substantially gainful occupation. The Board granted the TDIU based on this finding.

The Board denied the Veteran's claims of service connection for hypertension, an acquired psychiatric disorder (claimed PTSD), and a back disorder. The Board found no evidence linking these conditions to service or service-connected disabilities.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and requesting SSA disability records. A new medical opinion is needed to address whether the Veteran's low back and right knee conditions are related to his military service.

The Board has decided to remand the Veteran's claims for service connection for back and neck disabilities due to inadequate opinions regarding whether her conditions were aggravated by periods of active duty training. The VA must obtain a legible copy of the Veteran's police report, verify specific dates of ACDUTRA and INACDUTRA, and provide an addendum opinion addressing the etiology of her current back and neck disabilities.

The Veteran's claim for a higher evaluation for his service-connected degenerative disc disease with left disc protrusion L4-5 is being remanded due to the need for additional examination and assessment of the current severity of his condition.

The Board has dismissed the appeals for service connection of back, bilateral leg, and bilateral foot disabilities due to the Veteran's death.

The Board has remanded the cases of left knee disability and arthritis, degenerative lower back condition for further development. The Veteran's left knee disabilities are to be evaluated by a VA medical opinion.

The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's back condition. The examiner is required to provide a more detailed analysis.

The Veteran's claim for service connection for type 2 diabetes mellitus and major depressive disorder was granted. However, his claim for a higher rating for low back disability was denied.

The Board has remanded the Veteran's claims for service connection due to new evidence and additional examination. The issues include degenerative disc disease, bilateral knee pain, and depression.

The Board has granted service connection for bilateral hearing loss and remanded the issues of right knee disability and lumbar spine disability.

The Veteran's temporary total rating for convalescence following a back surgery is being remanded to determine if an extension beyond December 31, 2016 is warranted. The issue of special monthly compensation at the housebound rate is also being remanded as it depends on the outcome of the temporary total rating issue.

The Veteran's back scar is not considered for a compensable rating.,Effective December 25, 2013, the Veteran received increased ratings of 40 percent for low back strain with IVDS and 20 percent each for right and left lower extremity radiculopathy.

The Veteran's low back disability, diagnosed as lumbar spine degenerative arthritis, is now service connected.,The radiculopathy affecting the Veteran’s bilateral lower extremities is also now service connected.,The left knee degenerative joint disease is now service connected.

The Veteran's claims for increased ratings for her bilateral lower extremity sciatica and lumbar spine disorder were denied as there was no evidence of an increase in disability that occurred prior to the effective date assigned.

The Veteran's gout was not present in service and is unrelated to service.,A cervical spine disability, low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy were not present in service or within one year following separation from service. The Veteran’s disabilities are not otherwise related to service.,Sleep apnea was not present in service and is unrelated to service.

The Veteran's claims for higher ratings for right knee arthralgia, left knee arthralgia, and lumbosacral strain with spondylosis and spondylolisthesis (lumbar spine disability) from February 20, 2007 to September 9, 2019 have been denied.,The Veteran's right knee and left knee arthralgia are currently rated at 10 percent each. The lumbosacral strain with spondylosis and spondylolisthesis (lumbar spine disability) is rated at 20 percent from February 20, 2007 to September 9, 2019.

The Veteran's 40% rating for cervical strain with DDD is restored from April 1, 2016. The 10% rating for left lower extremity radiculopathy and the 20% rating for right lower extremity radiculopathy are denied.