Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection and increased ratings due to outstanding VA medical records, a need for additional examination regarding flare-ups, and potential TDIU issues.

The Veteran's claim for a higher rating for his service-connected major depressive disorder and low back disability was denied. The Board found that the evidence did not support ratings in excess of 50 percent for the period prior to October 23, 2018, or in excess of 70 percent therefrom. For the low back disability, a rating in excess of 20 percent was also denied.

The Board has denied service connection for bilateral cataracts and remanded the issues of service connection for low back, knee, shoulder, sleep disorder (secondary to PTSD), and left hip disabilities.

The Board has remanded the claims of service connection for low back, left hip, right hip, and left leg disabilities due to insufficient rationale in a previous VA medical opinion.

The Veteran's lumbar degenerative disc neurogenic claudication and spinal stenosis are caused by his service-connected residuals of left foot stress fracture.

The Board has remanded several issues for further development, including service connection claims and a claim under 38 U.S.C. § 1151 due to complications from back surgery.

The Board has denied service connection for a lumbar spine disability and remanded the claim for diabetes mellitus type II. The case is being returned to the RO to verify the Veteran's claimed herbicide agent exposure while stationed at Castle Air Force Base in California in 1980, and to obtain updated VA treatment records.

The Board has remanded the claims for a rating in excess of 20 percent for a low back disability, TDIU due to service-connected disabilities, and SMC based on the need for aid and attendance or on housebound status. The remand is required because the VA examinations were inadequate, there was no substantial compliance with previous directives, and the claims are intertwined with the low back claim.

The Board has remanded the claims for service connection and increased rating of bilateral leg disability due to insufficient development and consideration.

The Board has remanded the Veteran's claims for service connection for left knee, left shoulder, and back disorders due to inadequate opinions provided in August 2020. Additionally, the claim for a higher initial rating for left hallux valgus is also being remanded as it is intertwined with the service connection claims.

The Board has granted service connection for a low back disability, finding that the evidence is at least evenly balanced as to whether the Veteran's current condition is related to his military service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the case for further development and consideration of whether a TDIU should be granted on an extraschedular basis prior to March 7, 2008.

The Board has decided to remand four issues related to the Veteran's service-connected disabilities: psychiatric, left knee, lumbar spine, and radiculopathy of the left lower extremity. The reasons for this are that the Veteran testified about increased severity since recent VA examinations and private evaluations, and requested additional VA examinations.

The Veteran's bilateral hearing loss has not resulted in decreased hearing acuity levels to support a compensable rating.,The criteria for service connection for cervical spine disability have not been met, as there is no evidence of an injury or disease during service and the examiner found that his scoliosis was not aggravated by service.,The criteria for service connection for lumbar spine disability have not been met, as there is no evidence of an injury or disease during service and the examiner found that his scoliosis was not aggravated by service.

The Board has denied the Veteran's claims for service connection for various foot and knee conditions, as well as a low back disability. The evidence does not support a finding that these conditions are directly related to his military service.

The Board has confirmed and continued the denial of service connection for a lumbar spine disorder due to lack of new and relevant evidence.,Service connection for tinnitus is granted based on newly received evidence.

The Veteran's claim for PTSD was denied as there is no current diagnosis of PTSD.,Service connection for a low back disorder, left knee disorder, shin splints, and neck disorder were all denied due to the lack of evidence of current disabilities or pathology causing symptoms.,There are no post-service medical records showing any current diagnoses or treatment related to these conditions.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine and cervical spine are related to injuries sustained during service, and thus grants service connection for these conditions.

The Veteran's current neck disability, including degenerative arthritis of the cervical spine and cervical degenerative disc disease, is considered to be related to his military service. The Board granted service connection for this condition based on the resolution of reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's back disability and acquired psychiatric disorder, to include PTSD, schizophrenia, and/or bipolar disorder, are not service-connected.