Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence of an in-service injury or disease and no continuity of symptoms since separation. The Board also found that the arthritis did not have onset during active service or within the presumptive period following service.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including PTSD, headaches, back condition, nose condition, bilateral hearing loss, patellofemoral syndrome with hyperextension injury and suspected ACL involvement of the right knee, patellofemoral syndrome of the left knee, tinnitus, traumatic brain injury (TBI), and residuals of a right shoulder injury. The Board has determined that further development is needed for these issues.

The Board has remanded the case due to insufficient evidence regarding the onset of the Veteran's low back disorder during service. The Veteran and witnesses from his military service have provided testimony and statements describing in-service injuries, but a VA medical opinion is needed to determine if these events are causally related to the current condition.

The Veteran's initial rating for lumbar spine degenerative arthritis is denied as it does not meet the criteria for a higher rating. The ratings for bilateral hearing loss, acquired psychiatric disorder, and right knee disorder are also denied.

The Veteran's appeal is remanded for further examination and medical opinions regarding his service connection claims for PTSD, bilateral hand tremors, lumbar spine disabilities, and cervical spine disabilities.

The Board denied the Veteran's claims for service connection for thoracolumbar spine disability and left and right lower extremity radiculopathy (numbness) as secondary to his service-connected left knee injury. The claim for a rating in excess of 10 percent for residuals of left knee injury was also denied.,The Board found that the Veteran's current back condition is not related to his active duty service or to his service-connected left knee disability, and thus denied service connection on both direct and secondary bases.

The Board has remanded the case due to incomplete development of service connection claims, and SMC claim is also being remanded.

The Board has granted service connection for a back disability, neck disability, and left lower extremity neurological disability. The appeal regarding the Veteran's acquired psychiatric disorder is remanded due to insufficient evidence of record. The appeal regarding right ear hearing loss is also remanded.

Service connection has been granted for lumbar spine disability, bilateral hip disability, and left ankle disability. The right shoulder disability remains under review.,The acquired psychiatric disability (anxiety and depression) is now considered service-connected.

The Board has remanded the case for issuance of a statement of the case on the issue of entitlement to an effective date earlier than September 5, 2015, for the award of service connection for a back disability.

The Board has decided that the Veteran's erectile dysfunction is related to his service-connected diabetes and has granted service connection for this condition. The Veteran also has been awarded special monthly compensation based on loss of use of a creative organ due to erectile dysfunction. However, several other claims have been remanded as there are outstanding records needed.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and opinions regarding his spine disability, erectile dysfunction, bowel and bladder dysfunction, and cervical spine disability.

The Board has remanded the cases for further development due to lack of contact with the Veteran and incomplete examination records.

The Veteran's low back pain syndrome with L4-L5 discogenic disease and herniated disc is currently rated at 60 percent, the maximum schedular rating. The appeal for a higher rating has been denied.

The Veteran's service-connected disabilities have caused her to be unable to secure and follow substantially gainful employment since May 31, 2013. A total disability rating based on individual unemployability is granted.

The Board has granted service connection for intervertebral disc syndrome (IVDS) and lumbar disc disease, finding that the Veteran's back disability is aggravated by his service-connected ankle disability. The other claims are remanded for further development.

The Board has dismissed the Veteran's appeal for service connection of PTSD. The Veteran's MDD is granted at a 70% rating, but no higher. The Veteran's lumbar spine disability is remanded for further evaluation.

The Veteran's lumbar spine disability was denied a rating in excess of 10 percent prior to September 27, 2019.,Effective since September 27, 2019, the Veteran's lumbar spine disability has been rated at 20 percent.

The Board denied the Veteran's claims for earlier effective dates for service connection of tinnitus, osteoarthritis of the lumbar spine, cervical strain (claimed as back condition), and allergic rhinitis. The reasons provided were that these conditions were not filed as separate claims but rather as part of his original claims for back and sinus disabilities.

The Veteran's right ankle disability and bilateral hearing loss claims are denied as there is no evidence of current disabilities.,Service connection for a low back disability, respiratory disability, and skin rash (eczema) is remanded due to insufficient medical opinion regarding the etiology or pathophysiology of these conditions in relation to service.