Back / lumbar spine decisions — 2020

The Board has remanded several issues related to the Veteran's lumbar spine disability, including a rating in excess of 20 percent and separate ratings for left and right lower extremity radiculopathy. The TDIU issue is also being remanded as it is inextricably intertwined with the other issues.

The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and a higher rating is denied.,Service connection for tinnitus was granted effective May 20, 2015, which is the date of receipt of the claim. An earlier effective date is denied.,The Veteran's depressive disorder and anxiety disorder are found to have been incurred in service.,A back disability is not considered incurred in service due to lack of evidence showing continuity of symptoms since service.,Hypertension was not incurred in service, as there were no manifestations within one year of separation from service.,The Veteran's headaches are found to be proximately due to or aggravated by his service-connected tinnitus and depressive disorder.,A left knee disability is not considered incurred in service.,A right knee disability is not considered incurred in service.

The Board has remanded the claims for increased ratings for lumbar spine and lower extremity radiculopathy, as well as the claim for TDIU due to lack of timely appeal on some issues.

The Veteran's osteoarthritis of the left knee, midfoot and tibiotalar joint degenerative changes with anterior osteophyte of the distal tibia and calcaneal spurring of the left ankle, and degenerative changes of the lumbar spine, most prominent at L4-L5, have been granted service connection.

The Veteran's claim for an initial compensable rating for lumbosacral strain was denied, and her claim for special monthly compensation based on the need for aid and attendance or housebound status was also denied.

The Veteran's appeal for a higher rating for his lumbar spine disability and for TDIU has been remanded due to the need for updated medical records and an examination.

The Board has remanded the case for further action due to inadequate VA examinations and a need for clarification of the Veteran's low back disability.

The Board has granted service connection for right, left knee disabilities and cervical spine disability. Additionally, the Board has also granted service connection for radiculopathy of the arms and legs secondary to these conditions.

The Board has determined that there may be additional relevant VA treatment records not yet obtained, and the claims are being remanded to obtain these records.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and bilateral foot conditions. The cases are being remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board has granted service connection for DDD of the lumbar spine at L4-L5 with spondylosis, finding that the Veteran's current disability is related to her in-service motor vehicle accident.,The Board also granted service connection for DDC and DJD of the cervical spine, concluding that the Veteran's current condition is linked to her active duty service.

The Veteran's service-connected disabilities have not precluded him from securing or following a substantially gainful occupation during the appeal period.

The Board has remanded the claims of service connection for back, right thigh, chest, and respiratory disabilities due to incomplete records from a provider named R.S., M.D.

The Board has remanded the claims for accrued benefits and substitution of claimant due to a request from the appellant. The issues will be reconsidered after determining if the appellant is qualified as a substitute.

The Veteran's GERD is remanded for a VA examination to determine its etiology.,The Veteran’s hypertension, linked to exposure to contaminated water at Camp Lejeune, is remanded for a VA examination to determine its etiology.,The Veteran's left wrist disability, lumbar spine disability, and cervical spine disability are remanded for a VA examination to determine their etiology.,The Veteran's prostate cancer, potentially linked to exposure to contaminated water at Camp Lejeune, is remanded for a VA examination to determine its etiology. If service-connected, the bladder incontinence is also remanded for a VA examination to determine its etiology.,Prostate cancer may be secondary to exposure to contaminated water at Camp Lejeune and/or prostate cancer.

The Board has determined that the Veteran's low back disability is at least as likely as not related to service, and thus grants service connection for this condition.

The Veteran's service-connected back condition is granted, and his left ankle disability is granted a 30% rating effective June 24, 2013.

The Board's October 2019 decision remanding the TDIU claim is vacated, and the case is now remanded for further action.

The Veteran's claims for service connection for Degenerative Disc Disease (DDD), bulging disc, and chronic lumbar strain, as well as right and left lower extremity radiculopathy, are granted. The claim for bilateral foot and inner right ankle ganglion cysts is remanded to obtain a new VA examination.

The Board has granted service connection for bilateral flat feet and remanded the issues of secondary service connection for low back disorder and respiratory disorder (claimed as asbestosis). The Veteran's current low back condition may be related to his service-connected bilateral flat feet, but further examination is needed to determine this.