Back / lumbar spine decisions — 2020

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show ankylosis or incapacitating episodes that would warrant a higher rating.

The Board has granted service connection for the Veteran's low back disability, finding that it is etiologically related to his military service.

The Board has determined that the claims for service connection of various disabilities, including a left knee disability and its secondary effects on other joints and sleep condition, need further investigation. The case is being remanded to obtain additional medical records and conduct examinations to determine the nature and etiology of these conditions.

The Board has granted service connection for cervical spine injury, degenerative disc disease of the lumbar spine, left knee condition, right knee condition, left foot condition (to include pes planus, plantar spurs, and fasciitis), right foot condition (to include pes planus, plantar spurs, and fasciitis), cervical radiculopathy of the left upper extremity, bilateral sciatic neuropathy, and an acquired psychiatric disorder (to include anxiety and PTSD).

The Board has remanded the Veteran's claims for earlier effective dates due to procedural issues and will be addressed in a later decision.

The Veteran's appeals for service connection and increased evaluations have been dismissed due to his withdrawal of the appeal.

The Veteran's claim for service connection has been reopened, and the Board is remanding the remaining issues due to the need for additional medical opinions.

The Board has remanded the claims for service connection for a cervical spine disability and low back disability, as well as secondary service connection for GERD due to lack of adequate opinions in previous VA examinations.

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

The Veteran's service from February 2009 to March 2009 qualifies as active duty for educational assistance benefits under the Post-9/11 GI Bill. The Board found that he was discharged due to a service-connected disability and granted his eligibility.

The Board has remanded the Veteran's claims for increased ratings for his right ankle, bilateral knee, and lumbar spine disabilities due to inadequate examination reports. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Board denied the Veteran's claims of service connection for left hip and lower back disabilities, finding that there was no evidence of chronic conditions in service or continuity of symptomatology. The preponderance of the evidence did not support a nexus between current disabilities and military service.

The Board denied the Veteran's claims for service connection for a low back disorder and an increased rating for his left shoulder condition. The claim for psychiatric disorders was not addressed in detail, but it is noted that only depression was granted.

The Board has remanded the claims of service connection for low back disability and an acquired psychiatric disorder due to new evidence received after the initial decision.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU.

The Board has granted service connection for degenerative arthritis of the low back, left shoulder impingement syndrome, and left knee patellofemoral pain syndrome. The Veteran's conditions are deemed to have been incurred in service.

The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's low back disorder had its onset during service.

The Veteran's back disability and sciatic radiculopathy of the right lower extremity are granted with a 20% rating, effective September 3, 2016. The Veteran's femoral radiculopathy of the left lower extremity is granted with a 20% rating, effective March 3, 2018.

The Board has remanded the cases for further development and consideration due to a lack of proper procedural steps taken by the RO in reducing the Veteran's rating for his lumbar spine disability. The issues on appeal include the reduction from 20 percent to 10 percent, as well as entitlement to higher ratings for both the lumbar spine and left knee disabilities.

The Veteran's service-connected disabilities require the aid and attendance of another person to perform personal care functions or to protect him from hazards and dangers incident to his daily environment, warranting special monthly compensation (SMC) based on the need for regular aid and attendance.