Back / lumbar spine decisions — 2020

The Veteran's cervical spine disorder is not found to be secondary to his service-connected lumbar spine disability.,Service connection for tinnitus remains pending as the issue has been remanded.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that his current back condition is not related to his military service and is due to natural progression of aging.

The Board has remanded the case due to inadequate development and need for a VA examination. The Veteran's lumbar spondylosis disability is currently rated at 40 percent, but the Board finds that further examination or opinion is needed to decide if a higher rating is warranted.

The Board has remanded the Veteran's claims of service connection for low back, left hip, and right hip disabilities due to insufficient evidence in the May 2015 VA examination report. The examiner is asked to provide an addendum opinion addressing whether it is at least as likely as not that these conditions are related to the Veteran's in-service tractor trailer rollover accident or have manifested within one year of separation from service.

The Board has denied the Veteran's claim for service connection for a thoracolumbar spine disorder and remanded the issue of secondary service connection for a left knee disorder. The case is now back with the RO for further development.

The Board has remanded two issues: 1) the Veteran's claim for a higher rating for lumbar spondylosis L5 with spondylolisthesis at L5-S1, and 2) his claim for a higher rating for bilateral flat feet and posterior calcaneal spurs. The reasons provided by the Board were inadequate as they did not address whether the Veteran had any functional loss due to intermittent pain or if he experienced flare-ups.

The Veteran's low back disability was not shown to have been manifested by unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc disease, or additional (to left lower extremity radiculopathy) separately ratable neurological manifestations. Ratings for a low back disability in excess of 20 percent prior to April 2, 2017, and in excess of 40 percent from that date are denied.

The Veteran's claim for service connection for liver disorder was denied due to lack of new and material evidence.,Service connection for prostate cancer, back disorder, right knee disorder, and left knee disorder were all denied as the evidence did not establish a link between these conditions and active duty service.

The Veteran's claims for increased ratings for PTSD with anxiety, low back strain with L-5 spinal stenosis, and radiculopathy of the left lower extremity are denied. The claim to reopen entitlement to service connection for right and left knee disabilities is granted.

The Board has denied the appellant's claims for service connection for neck disability, hypertension, and thoracolumbar spine disability. The evidence does not support a finding that these conditions began during or are otherwise related to his military service.,Service connection was granted for metatarsalgia.

The Board denied service connection for a left knee disability and denied an increased rating for degenerative disc disease (DDD) and spondylosis of the lumbar spine.,There is no evidence linking the Veteran's current left knee or lumbar spine disabilities to his military service.

The Board has granted service connection for degenerative disk disease (DDD) of the low back with intervertebral disc syndrome (IVDS), DDD of the cervical spine, and left lower extremity radiculopathy. Service connection was denied for right lower extremity radiculopathy.

The Veteran's recurrent low back strain is currently rated at 10 percent, but the Board found that it does not meet the criteria for a higher rating based on the current evidence.

The Veteran's initial rating for right shoulder strain is denied as his functional loss does not result in limitation of motion to 25 degrees from the side.,An initial disability rating of 20 percent, but no higher, for left shoulder strain prior to February 25, 2020 is granted. The Veteran's condition has been stable and he did not experience significant functional loss during flare-ups or with repetitive use over time.

The Board has decided to remand the Veteran's claims for right lower extremity radiculopathy and degenerative disc disease of the cervical spine due to inadequate development and lack of substantial compliance with previous remands.

The Board has remanded the claims for higher ratings for a back disability and left knee disability, as well as the claim for TDIU due to service-connected disabilities. The AOJ should ensure compliance with previous remand directives and adjudicate the neck disability within the AMA framework.

The Board has remanded the Veteran's claims for coronary artery disease, back disability, bilateral hearing loss, and tinnitus due to incomplete medical opinions and lack of examination.

The Board has remanded the case for further development due to insufficient reasoning in a previous medical opinion regarding the Veteran's back condition. The case will be returned for an addendum opinion from a qualified examiner.

The Board denied service connection for both lumbar spine and cervical spine disabilities, finding that the Veteran's current conditions are not related to her military service.

The Veteran's previously denied claim of service connection for degenerative disc disease of the lumbar spine secondary to strain (also claimed as degenerative arthritis of the spine) is being readjudicated due to new and relevant evidence. The Board finds that an addendum medical opinion is necessary to address the continuity of symptoms since service.