Back / lumbar spine decisions — 2020

The Board has remanded the cases for a VA examination to address functional loss during flare-ups, as the previous examinations did not adequately consider this factor.

The Veteran's claim for a higher rating for chronic lumbar strain was denied, but he was granted entitlement to a total disability rating based on individual unemployability (TDIU). The Board found that the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis, or IVDS with incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months.

The Board has decided to remand the case due to a lack of recent medical examination and records, which may affect the determination of the Veteran's back disability rating.

The Board has remanded the claims for service connection for low back disorder, residuals of Lyme disease, and sleep apnea due to incomplete service treatment records. The VA must continue its efforts to obtain these records from appropriate repositories.

The Board has ordered further remand for the Veteran to be examined and updated records obtained, as the prior examinations did not comply with the requirements set forth in Correia v. McDonald and Sharp v. Shulkin.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the evidence did not support higher ratings or earlier effective dates for RLE and LLE radiculopathy of the femoral nerve, as well as T-11 and T-12 compression fracture residuals with lumbar IVDS and degenerative arthritis.

The Veteran's employment during the pendency of the appeal prevented a determination on his claim for TDIU prior to January 17, 2018. The Board denied the claim as he failed to provide necessary evidence.

The Board has denied the claims of service connection for right knee, left knee, and back disabilities due to a lack of evidence showing these conditions were incurred or aggravated during active military service.

The Veteran's initial rating for a cervical spine disability is denied prior to May 24, 2019 and thereafter. A TDIU on a schedular basis from August 23, 2011 to February 20, 2015 is granted.

The Board has decided to remand the cases of increased ratings for back disability, left lower extremity radiculopathy, and bilateral hearing loss due to insufficient examination findings. The Veteran will need to undergo further evaluations.

The Board has remanded the claims for bilateral hearing loss and low back disability due to insufficient development, including obtaining an opinion that considers all relevant evidence.

The Veteran's back disability, including residuals of a 1971 motor vehicle accident, is granted as secondary to his service-connected posttraumatic headache syndrome with blanking-out episodes.

The Board has remanded the Veteran's claims for service connection for a bilateral foot disability, a back disability, and entitlement to TDIU due to inadequate examinations and medical opinions provided in prior decisions.

The Veteran's appeal for an increased rating for degenerative joint and disc disease, thoracolumbar spine was denied due to failure to report for a VA examination. The claim for service connection for GERD was also denied as there is no clear and unmistakable evidence that the condition preexisted any period of service or was aggravated by such service.

The Veteran's appeal was dismissed due to their death, and no service connection decision can be made.

The Veteran's claims for service connection have been granted, with effective dates set at April 2, 2018. The rating assigned is 10 percent for bronchitis and cervical neck strain.

The Board has remanded the cases for further development and readjudication due to the need for a new VA examination regarding the ranges of motion recorded in previous examinations.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a lumbar spine disability, and a skin disorder. The cases are remanded to obtain additional medical opinions regarding these issues.

The Board has remanded the cases due to insufficient evidence and need for further examination.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty-to-assist errors, including a lack of records search for Agent Orange exposure in Korea and SSA disability benefits records.