Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include hearing loss, left leg condition, lower back condition, cervical spine condition (secondary to a lower back condition), acquired psychiatric disability (PTSD), and sleep disorder.

The Veteran's claims for service connection for a low back disability and depression, as secondary to a low back disability, are granted. The Board finds that the Veteran's current back condition is related to an in-service injury, and his depression is caused by his low back disability.

The Board has remanded the case due to insufficient rationale in the previous VA examination and the need for additional medical records, particularly from the Mayo Clinic and VA treatment records.

The Board has denied the reopening of claims for service connection for low back disability, bilateral hearing loss, and tinnitus due to lack of new and material evidence.

The Veteran's appeals for compensation under 38 U.S.C. § 1151 for left hip, back, neck and headache conditions have been dismissed. The appeals for service connection for right foot and right toe disabilities are remanded.

The Board has remanded two issues: service connection for a lumbar spine disorder, which may be related to the Veteran's right knee disability, and service connection for left lower extremity sciatica. The claims are being returned for further development.

The Board denied service connection for upper trapezium strain of the left shoulder, right shoulder, lumbar spine strain, cervical spine disability, and bilateral knee disabilities due to lack of evidence linking these conditions to active service.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, tinnitus, cervical and thoracolumbar spine disabilities, loss of vision, and headaches due to outstanding service personnel records, incomplete service treatment records, and incomplete VA treatment records. The Veteran will be afforded a new VA examination in each case.

The Board has granted a TDIU effective from May 17, 2016, based on the combined impact of the Veteran's service-connected disabilities rendering him unable to secure or follow substantially gainful employment.

The Veteran's claim for an increased rating in excess of 30 percent prior to November 27, 2018 for Meniere’s syndrome is denied. The Veteran does not meet the criteria for a higher rating as his symptoms do not include attacks of vertigo and cerebellar gait occurring from one to four times a month or more than once weekly.

The Veteran withdrew his appeal for an initial compensable rating for degenerative joint disease of the lumbar spine prior to June 9, 2016 and a higher than 10 percent rating from June 9, 2016.

The Veteran's appeal has been dismissed due to their death. The Board cannot adjudicate the merits of this appeal as they have no jurisdiction.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's thoracolumbar spine disorder and his service, specifically the March 1973 stab wound. The Veteran must be provided with a new examination to determine if there is a nexus between his current condition and his in-service injury.

The Board dismissed all pending appeals due to the appellant's withdrawal of his claims.

The Veteran's claim for service connection for ocular surface disease (claimed as dry eyes) has been denied.,The Veteran's claim for service connection for lumbosacral strain with 50 percent L1 compression has also been denied.

The Veteran's claim for automobile or other conveyance and adaptive equipment is remanded due to conflicting medical records regarding the presence of left foot drop, which could affect eligibility. Additional VA evaluations are needed to clarify this issue.

The Board has remanded the claims for a higher initial rating for a lumbosacral spine disability and entitlement to TDIU due to inadequate VA examination reports prior to September 15, 2017. A retrospective medical opinion is needed to address the severity of the service-connected condition during the period on appeal.

The Board has determined that additional development is necessary for the Veteran's claims of increased rating for a back disability and service connection for right lower extremity radiculopathy, left lower extremity radiculopathy, and constipation. The case is being remanded to obtain new VA examinations.

The Board has remanded the Veteran's claims for service connection of his left ankle, right and left knee disabilities as well as a rating in excess of 20 percent for his low back disability due to potential secondary etiologies. The appeals are now pending with the AOJ.

The Board found that the reduction of disability ratings for lumbar myalgias and left ankle disability from 40% to 20% effective August 1, 2018 was proper based on sustained improvement in symptoms.