Back / lumbar spine decisions — 2020

The Board has denied service connection for residuals of loss of a right fallopian tube and remanded the issues of service connection for a back disability and genitourinary disability.

The Board has remanded the Veteran's claim for a low back disability due to new and material evidence having been submitted. The issue of service connection will be addressed again, with additional evidentiary development.

The Board has granted service connection for lumbar spine disability, but the appeal is dismissed as moot since the claim has been resolved.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for service connection for right lower extremity neurological disorder, degenerative disc disease of the lumbar spine, femoral radiculopathy, and sciatic radiculopathy are denied.

The Veteran's claims of PTSD, left knee, right knee, and lumbar spine disabilities have been dismissed as the appeal is withdrawn for the PTSD claim. The Board found no evidence linking these conditions to service.

The Veteran's low back disability is currently rated at 10 percent, and the Board has determined that a higher evaluation is warranted. The VA examination conducted in October 2018 did not accurately reflect the impact of flare-ups on his functional loss.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the submission of new evidence since the September 2017 SOC.

The Veteran's service-connected memory problems are now considered. The Board has ordered a VA aid and attendance examination to assess if all his disabilities require regular assistance.

The Veteran's cervical spine and lumbar spine conditions are found to have started during her active duty service, leading to a grant of service connection for these conditions.

The Veteran's cervical and lumbar spine disabilities have been rated based on their current functional limitations, with the highest rating of 10% for both conditions.

The Board has remanded the cases for further examination and opinion regarding service connection for neck and back disabilities due to an in-service injury. The initial compensable rating claim for squamous cell carcinoma of the right upper back remains denied.

The Veteran's appeal for a higher rate of special monthly compensation based on loss of use of a creative organ was denied.,The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was denied.

The Veteran's claims for higher initial ratings for lumbar spine degenerative disc disease, left knee disorder (to include osteoarthritis), and right knee lateral instability have been denied. The Board found that the evidence did not support a finding of an initial rating higher than 10 percent for any condition.

The Board has determined that additional development is needed to properly evaluate the Veteran's lumbar spine degenerative joint disease, including obtaining updated medical evidence and conducting a new examination. The claim will be remanded for these purposes.

The Veteran's lower back disability is rated at 20 percent, effective January 23, 2020. Separate ratings of 10 percent each are granted for bilateral lower extremity radiculopathy.

The Board has reopened the Veteran's claim for service connection for sinusitis and lumbar degenerative disc disease, but remanded these claims due to the need for further development.,New evidence was submitted that supports the Veteran's contention of a chronic sinus condition in service.

The Board has denied the Veteran's claims for initial compensable ratings for bilateral hearing loss and increased ratings for lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The case is remanded to obtain additional medical records and provide the Veteran with a new VA examination.

The Board has remanded the Veteran's claims for lumbar spine, right hip, left hip, and heart disability as well as his PTSD rating and TDIU due to outstanding VA treatment records and private medical records.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, finding that there is no evidence of a direct relationship between his current condition and his active duty service. The Board also found insufficient evidence to support secondary service connection based on his service-connected right knee and/or bilateral foot disabilities.

The Veteran's lumbar spine DDD with IVDS is currently rated at 20 percent prior to December 5, 2016 and 40 percent thereafter. The appeal has been denied as the evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes.