Back / lumbar spine decisions — 2020

The Board denied the Veteran's claims for service connection for a lumbar spine disability, TDIU eligibility, and SMC for aid and attendance due to lack of nexus between his current disabilities and service. The evidence did not support that he required regular aid and assistance or was bedridden.

The Veteran's appeals for lumbosacral strain, headaches, and TDIU have been dismissed due to his withdrawal of these claims.

The Veteran's service connection claims for bilateral tinnitus, obstructive sleep apnea (OSA), low back disability, right knee and left knee disabilities, right foot pes planus, left foot pes planus, right foot plantar fasciitis, and left foot plantar fasciitis are all granted.

The Board has granted service connection for hypertension, finding it secondary to the Veteran's service-connected sleep apnea. The claim of service connection for a low back condition was denied.

The Board has remanded the Veteran's claims for hypertension, diabetes mellitus, type II (DMII), a lumbosacral spine disability, and right and left knee disabilities due to potential exposure to herbicide agents during service. The AOJ is instructed to obtain private treatment records from Drs. F.B., R.T., and J.S. as well as verify the USS Standley's operations within twelve nautical miles of Vietnam.

The Board has determined that the Veteran's lumbar spine disorder and left clavicle disorder are not service-connected. The claims for prostate, renal injury, cause of death (acute myeloid leukemia), and burial benefits have been remanded due to procedural issues.

The Veteran's initial claim for a higher rating for his degenerative arthritis of the lumbar spine was denied. The Board also remanded the claim for TDIU on an extra-schedular basis due to service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for various hip and knee disabilities, including as secondary to a bilateral foot condition. The appeals are being remanded due to outstanding VA treatment records and the need for additional medical opinions regarding the etiology of these conditions.

Service connection is granted for a throat condition, Gastroesophageal reflux disease (GERD), right knee disability, and hemorrhoids.,A 40 percent disability rating for low back disability prior to June 22, 2017 was granted.

The Board has remanded the claim of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to September 29, 2016 due to inextricably intertwined issues including an increased rating for service-connected lumbar degenerative changes and a rating in excess of 20 percent for service-connected residuals of rotator cuff tear of the left shoulder.

The Board has remanded the Veteran's claims of service connection for lower back, right knee, and left knee disabilities due to his incarceration at a corrections facility preventing him from appearing for VA examinations. The Veteran must be located and given another opportunity to appear for an examination.

The Veteran's claim for left lower extremity radiculopathy was denied as there is no current evidence of this condition.,The Veteran's heart disorder claim was denied because the preponderance of the evidence indicates that his current heart disorders did not relate to service.

The Board has remanded the claims for traumatic brain injury, posttraumatic stress disorder, depression, anxiety condition, severe headaches, left foot condition, right foot condition, intervertebral disk syndrome (claimed as low back problems), left hip problems, and right knee condition due to incomplete records and need for further examination.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to assess the Veteran's low back pain with degenerative changes.

The Board denied service connection for a right knee disability, back disability, and left knee disability due to the lack of evidence showing an etiological relationship between these disabilities and service. The Veteran's claims were not reopened as new and material evidence was not presented.

The Board has granted service connection for lumbar spine degenerative arthritis with L5-S1 synovial facet cyst and left lower extremity radiculopathy as secondary to the service-connected lumbar spine condition.

The Veteran's service-connected lumbar spine degenerative disc disease is being remanded for a new examination to assess the current severity of his disability.

The Veteran's claims for service connection for chronic right knee and low back disorders have been reopened, but the Board has determined that additional evidence is needed to determine if these conditions are related to his military service.

The Board has remanded the claim for service connection due to new evidence submitted by the Veteran, which relates to an unestablished fact necessary to substantiate his claims. The claim will be reconsidered with a focus on the in-service back injuries and their relation to current disability.

The Board has granted service connection for a psychiatric disorder (depressive disorder) as secondary to service-connected disabilities, and for obstructive sleep apnea as secondary to service-connected disabilities. The claims of service connection for diabetes mellitus and lumbar spine disability have been reopened due to new and material evidence, but the applications remain denied. Service connection is granted for these conditions. The Veteran's coronary artery disease remains rated at 60% and hypertension at 10%. These ratings are remanded.