Back / lumbar spine decisions — 2020

The Veteran's right shoulder DJD, left knee osteoarthritis, and lumbar spine disability are all presumed to have been incurred during his active service.

The Veteran's claim for an increased rating for his chronic thoracolumbar spine strain is being remanded due to the need for a new medical examination or opinion.

The Board has remanded the Veteran's claims for service connection for a right knee condition and a low back condition, both of which are secondary to his service-connected left ankle condition. The case is being returned for further development.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board denied the Veteran's claims for service connection for lumbosacral strain, degenerative arthritis of the cervical spine, and peripheral neuropathy of the upper and lower extremities. The evidence did not support a finding that these conditions were incurred or aggravated by service.,Service connection was denied because there was no clear and unmistakable evidence showing pre-existing lumbar spine condition in service, and the VA examiner found no permanent aggravation during service.

The Board has dismissed the Veteran's appeals for service connection of abdominal aortic aneurysm and renal mass, as well as his claims for higher ratings on several other disabilities. The remaining issues have been remanded for further development.

The Board has determined that more development is needed to determine if the Veteran's low back, left knee, and right knee disabilities are related to his military service. The claims for these conditions are being remanded.

The Board has remanded the Veteran's claims for lumbar strain, left knee disability, right knee disability, and radiculopathy of the lower extremities due to inadequate examinations and incomplete opinions. The issues include determining appropriate evaluations, service connection, and whether the disabilities are related to military service.

The Veteran's claims for a higher rating for hypertension and a temporary total rating due to convalescence following lumbar spine surgery were both denied by the Board.

The Veteran's lumbar spine disability is currently rated at 10 percent prior to February 13, 2014 and at 20 percent from February 13, 2014 to May 4, 2015. Since May 5, 2015, the Veteran's lumbar spine disability is rated at 40 percent.,The Veteran's left shoulder disability is currently rated at 20 percent and his right knee and left knee disabilities are both rated at 10 percent.

The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is denied because the Veteran did not meet the criteria of being continuously rated totally disabled for at least 10 years immediately preceding his death.

The Veteran's claims for service connection for PTSD, COPD, back disorder, heart disorder, bilateral hearing loss, and TDIU are being remanded for further development.,VA treatment records from January 2018 need to be obtained.

The Board has remanded the cases for further examination and opinion regarding service connection for thoracolumbar spine disability, hypertension, and immune thrombocytic purpura (claimed as leukemia).

The Board has granted the Veteran's appeals for service connection for posttraumatic stress disorder and low back injury residuals, effective April 25, 2016. The earlier effective dates for these conditions are being remanded.

The Veteran's TDIU claim is remanded due to the need for additional evidence and a VA examination to assess her employability given her service-connected disabilities prior to April 29, 2019.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the lumbar spine, finding that there is at least equipoise evidence to support a nexus between her current condition and her in-service injury. The appeal was reopened due to new and material evidence.

The Veteran's back disability, lumbar spine arthritis, and cervical spine disability have been granted service connection. The back disability was reopened due to new evidence showing a current diagnosis of lower back degenerative joint disease. Service connection for the lumbar spine arthritis is based on chronicity in service with continuous symptoms since separation. Service connection for the cervical spine disability is denied as there is no evidence of an in-service injury or event, and the Veteran's cervical spine arthritis did not manifest within one year of service discharge.

The Board has remanded the Veteran's claims for lumbar spine condition, left shoulder condition, upper back condition, and joint pain/arthralgia due to inadequate compliance with previous directives. Further examinations are required.

The Veteran's claim for service connection for an acquired psychiatric disorder, including as secondary to traumatic brain injury, thoracolumbar spine degenerative joint disease, migraine headaches, and left eyebrow scar is granted. The claims for right arm condition, left arm condition, diabetes mellitus, bilateral foot condition, sleep condition, neck condition, and prostate cancer are denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical records and examinations.