Back / lumbar spine decisions — 2020

The Board has denied service connection for pes planus, foot calluses, and lumbar spine disability. The case of bilateral eye disability is remanded.

The Veteran's claim for an effective date prior to August 29, 2017 for a 10 percent rating for service-connected lumbar strain is granted. The Veteran's claim for service connection for osteoarthritis, left knee is also granted.

The Board has decided to remand the cases for additional development due to inadequate medical opinions and missing records. The Veteran's back disability claim will be reviewed with a new VA examination, and his right shoulder disability rating will also require a new VA examination.

The Veteran's service-connected conditions render him in need of regular aid and attendance, which is granted for special monthly compensation.

The Board has determined that additional opinions and VA examinations are needed to properly adjudicate the Veteran's claims for service connection for various disabilities, including right foot, hip, low back, leg, shoulder, hand, and bilateral hearing loss.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and PTSD, have prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and vocational experience.

The Veteran's appeals for a permanent and total rating for PTSD, service connection for chronic fatigue syndrome, and earlier effective dates for back disorder and lower extremity disorders were dismissed. The Board found that the earliest possible effective date for service connection was November 25, 2005.

The Board denied service connection for left, right knee disabilities and neck disability. The Veteran's current knee and back conditions were not shown as chronic in service or within a presumptive period, and continuity of symptomatology was not established.

The Veteran's service-connected disabilities have been found to meet the criteria for Special Monthly Compensation (SMC) based on aid and attendance, as he requires regular assistance due to his cognitive impairments and physical limitations. The Board has also determined that SMC T is not warranted given the Veteran's condition does not require higher level care.

The Veteran's back condition is being remanded for a new VA examination to assess the current severity of his service-connected bilateral scapulothoracic and thoracolumbar spine strains.

The RO increased the ratings for several conditions and granted service connection, but denied the request to apply the bilateral factor. The Veteran's combined rating is now 90 percent.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's lower back disability is related to service. The Veteran reported an injury during service, but there are conflicting statements and records that need further clarification.

The Veteran's radiculopathy of the left lower extremity was granted with a 10 percent rating effective June 27, 2011. The Board found that reasonable doubt should be resolved in favor of the Veteran and granted an initial 10 percent rating for this condition. However, the lumbar spine issues were remanded due to insufficient medical examination records.

The Veteran's tinnitus and bilateral hearing loss are granted as service connected. The claim for lumbar stenosis with disc herniation is granted, but the rating assigned and effective date have not been determined.

The Veteran's service-connected disabilities did not necessitate the need for regular aid and attendance or housebound status, as he could manage his daily activities with assistance from his wife.

The Board has remanded the claims for service connection for a lumbar spine disability and residuals of broken ribs due to insufficient medical opinions regarding their etiology.

The Veteran's appeals for service connection for sleep apnea, seizure disorder, and TDIU have been dismissed. The appeal regarding the extension of a temporary total disability rating based on convalescence has also been dismissed. The remaining issues are remanded for further evaluation.

The Veteran's service connection claims for hearing loss, tinnitus, and a back disorder have been denied as there is no evidence of in-service injury or disease that caused these conditions.,Service connection was not granted because the VA audiologist and otolaryngologist found that the Veteran’s hearing loss and tinnitus are less likely than not related to service.

The Board has determined that new and material evidence has been received, allowing the Veteran's claim for service connection for a low back disability to be reopened. The claim is granted as it is at least as likely as not that the Veteran's low back disability is related to his period of active duty.

The Veteran's claim for an increased rating for chronic low back strain with degenerative changes has been dismissed.,With resolution of the doubt in favor of the Veteran, he is granted a 10 percent rating for bilateral pes planus from February 13, 2008 to April 15, 2015. The issue of TDIU was also remanded.