Back / lumbar spine decisions — 2019

The Board has decided to remand the case due to uncertainty about the Veteran's current low back disabilities and their relationship to service. Further development is needed, including obtaining VA treatment records and a medical examination.

The Board has remanded the case due to an inadequate statement of reasons or bases for denying service connection for a low back disability. A VA examination and opinion are required.

The Veteran's initial rating for chronic thoracolumbar strain, with degenerative joint and disc disease was granted at a 20 percent disability rating prior to February 4, 2014. From that date, the Veteran's condition is rated at 20 percent.

The Board has granted an effective date of February 27, 2017 for the award of service connection for a lumbar spine disability. The Veteran's claim was originally denied in July 1992 due to lack of current evidence and reopened on February 27, 2017 with new evidence showing degenerative disc disease and degenerative joint disease of the lumbar spine.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's thoracolumbar spine disability, which may be related to service or secondary to his service-connected disabilities.

The Board has decided to remand the case due to the need for a medical opinion regarding whether the Veteran's back disability is etiologically related to his active duty service.

The Board has decided to remand the claims of service connection for right knee, bilateral hip, and low back disabilities due to the need for further development and medical opinion.

The Veteran's claim for service connection for a lumbar spine disability has been granted. The appeal of increased ratings for tinnitus, hypertension, erectile dysfunction, and PTSD is dismissed. The claim for sleep disorder (claimed as sleep apnea) is remanded.

The Veteran's back disability is rated at 20% effective June 2, 2016. His left lower extremity radiculopathy was previously granted a 10% rating as of May 13, 2015.

The Veteran's lumbar arthritis is granted at a 20 percent rating as of January 26, 2018. The Veteran's PCOS and hypothyroidism are denied.

The Veteran's low back, cervical, bilateral hip, and bilateral ankle disorders are granted as secondary to his service-connected bilateral pes planus with plantar fasciitis and bilateral knee degenerative joint disease. His left brachial plexus disorder is also granted as secondary to his service-connected cervical disorder. Chronic pain syndrome is granted as secondary to his service-connected cervical and left brachial plexus disorders. A 50 percent rating for bilateral pes planus from September 8, 2018 is granted.

The Veteran's claim for an earlier effective date for the grant of a TDIU is dismissed as a freestanding claim.

The Veteran's claim for a higher rating for his lumbar spine disability and TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no ankylosis of the thoracolumbar spine prior to February 1, 2013, or in excess of 20 percent afterwards. For TDIU, the Veteran's combined disability ratings were insufficient to warrant a finding that he is unemployable due to his service-connected disabilities.

The Veteran's PTSD has been granted an increased rating to 70%, and she is also granted a TDIU based on her service-connected disabilities.

The Board has restored the Veteran's prior 20% rating for thoracolumbar spine disability, effective January 22, 2010. The evidence showed improvement in range of motion but also significant functional impairment due to pain and flare-ups.

The Veteran withdrew all his appeals, including those related to lumbar strain with degenerative arthritis of the lumbar spine, cervical spine strain, left knee disability, right shoulder disability, and left shoulder disability. The appeal for erectile dysfunction was also withdrawn.

The Board has remanded the case due to a need for additional development, including obtaining updated VA treatment records and an opinion on whether the Veteran's pre-existing neck condition was aggravated during service.

The Board has determined that new and material evidence has been received sufficient to reopen the issue of entitlement to service connection for a sleep apnea syndrome. The Veteran's claim is being remanded for further examination and consideration.

The Board has determined that the Veteran's claims for service connection and evaluations of his disabilities, including anxiety disorder, depression, TBI, PTSD, and low back disability, require additional evidence and a re-evaluation. The claims are being remanded to obtain missing VA records, conduct further examinations, and determine the appropriate evaluations.

The Board has remanded the claims due to insufficient information about the Veteran's separation from service and needs clarification of the codes used in his DD-214. The AOJ must also obtain his complete service personnel records for further investigation.