Back / lumbar spine decisions — 2020

Your lumbar spine disability is rated at 40 percent since June 10, 2014 and your impairment of rectal sphincter control associated with the lumbar spine disability is rated at 30 percent since June 11, 2018.,The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims for increased rating and TDIU due to lack of substantial compliance with previous remand orders.

The initial rating for radiculopathy and muscle damage has been withdrawn. The back disability remains denied with a current rating of 20%. Service connection for an acquired mental disorder is being remanded.

The Veteran's initial claims for increased ratings for DDD of the lumbar spine, right lower extremity radiculopathy, left foot pes planus with pronation, and GERD were denied.,For DDD of the lumbar spine, a rating in excess of 10 percent was denied prior to October 3, 2016, and since October 3, 2016.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted an initial evaluation of 40 percent for peripheral neuropathy in the left lower extremity.

The Board has dismissed the appeals for service connection for a low back disability and for ratings in excess of 30 percent for migraine headaches, as well as for hypertension prior to February 21, 2019. A rating of 10 percent for hypertension is granted from that date.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a back condition with degenerative joint disease (DJD). The remand is due to VA not ensuring compliance with its duty to assist by providing adequate examinations.

The Board has determined that additional examinations and records are needed to properly assess the Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy, as well as his entitlement to SMC at the housebound rate. The issues of increased ratings for these conditions and SMC will be remanded.

The Veteran's claims for service connection of traumatic brain injury, bilateral Achilles tendonitis, and erectile dysfunction have been dismissed due to the Veteran's withdrawal request. The remaining issues were adjudicated and decisions were made on them.

The Board denied the Veteran's claim for service connection for dorsal spine strain and degenerative disease lumbar spine (back injury), finding that there was no evidence of a chronic disability in service or within the applicable presumptive period, and that continuity of symptomatology had not been established. The current diagnosis of degenerative joint disease is considered to be related to aging rather than service.

The Board has remanded the Veteran's claims for additional action, including obtaining updated medical records and scheduling VA examinations. The issues of service connection for various conditions are being addressed.

The Board denied service connection for a low back disorder, finding insufficient evidence to establish that the condition was incurred in or caused by service.

The Board has denied service connection for a low back disability and remanded the claim of entitlement to service connection for an acquired psychiatric disorder, including PTSD. The case is now pending with additional development required.

The Board has remanded the claim for service connection of a low back disability, finding that it is related to the Veteran's service-connected knee disabilities. The case will be reviewed with an examination to determine the relationship between the conditions.

The Board has remanded the Veteran's claims for PTSD and lumbar spine degenerative disc disease due to conflicting evidence of record regarding the severity of his service-connected conditions, as well as a need for additional private medical records. The TDIU claim is also inextricably intertwined with the other pending claims.

The Veteran's claims for service connection for DDD of the lumbar spine, bilateral hip disabilities, right knee disability, and left knee disability have all been denied. The Board found that there was insufficient evidence to establish an in-service incurrence or a nexus between these conditions and active duty service.

The Board has decided to remand the cases for further evaluation due to lack of recent VA examination and treatment records.

The Veteran's petition to reopen her previously denied claims for left hip pain and osteoarthritis, back condition, and right hip osteoarthritis was granted. The cases were remanded for further examination and opinion regarding the service connection of herpes of the face, lumbar spine disorder, left hip disorder, and right hip disorder.

The Veteran's initial evaluations for diabetic peripheral neuropathy of the right and left feet prior to October 26, 2016 were denied. Beginning October 26, 2016, his evaluations were increased to 40 percent.,Service connection for a back disability, left knee disability, and right knee disability is remanded.

The Veteran's initial rating for lumbar spine DJD prior to August 5, 2019 was denied. From August 5, 2019 onwards, the Veteran received a higher rating of 40 percent for his disability.