Back / lumbar spine decisions — 2020

The Board has remanded two issues: entitlement to higher initial ratings for a right knee disability and a lumbar spine/back disability. The Veteran needs further examinations to determine the current level of impairment due to his service-connected conditions.

The Veteran's combined disability ratings for service-connected disabilities are higher than the rate payable for nonservice-connection pension, making the claim for nonservice-connected pension benefits moot and dismissed.

The Board has granted service connection for the Veteran's bilateral shoulder disability, neck disability, lumbar spine disability, and right knee degenerative arthritis, finding that these conditions are at least as likely as not incurred in or caused by events during active service.

The Board has remanded the case for further development, including obtaining updated VA and private treatment records and scheduling a VA examination. The Veteran is seeking an initial evaluation in excess of 10 percent for his degenerative arthritis of the thoracolumbar spine and an effective date prior to February 25, 2016 for service connection.

The Board has determined that the Veteran's current diagnosis of a lumbar condition is directly related to his active duty service, and thus service connection for this condition is granted.

The Veteran's gastrointestinal, respiratory, psychiatric, hearing loss and tinnitus, lumbar spine, shoulder, hand, hip, knee, ankle, and foot disabilities are being remanded for further evaluation due to the need for additional medical opinions.

The Veteran's lumbosacral strain has increased in severity, and he requests an additional VA examination to determine the current severity of his condition. The Board finds that a remand is necessary due to the lack of recent medical records and the need for another VA examination.

The Veteran's claims for service connection for chronic fatigue syndrome, PTSD, irritable bowel syndrome (IBS), eczema, reproductive disorder, headache disorder, back disorder, right knee disorder, left knee disorder, sciatica/radiculopathy of the right lower extremity, and sciatica/radiculopathy of the left lower extremity are all remanded for additional development.

The Board has remanded the Veteran's claims for cervical degenerative disc disease and lumbar spondylosis, degenerative changes with disc extrusion and herniation due to a lack of adequate examination.,For all other issues on appeal, the Veteran is entitled to increased ratings.

The Veteran's service-connected disabilities did not result in unemployability prior to March 16, 2017. The Board denied a TDIU based on the lack of evidence showing he was unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has denied service connection for PTSD due to the lack of a current diagnosis. The claims for low back and right hand disabilities are remanded as there is insufficient evidence regarding their onset or relationship to service.

The Board has remanded the claims of service connection for lumbar spine disability, psychiatric disorder, and sleep disorder due to incomplete medical records and failure to substantially comply with prior remand instructions.

The Board has remanded the claim of entitlement to service connection for tension headaches due to a lack of development and need for an addendum opinion.

The Veteran's claim for service connection for chest pain is denied. The initial rating of 70% for PTSD prior to June 19, 2019, and the rating in excess of 70% since that date for PTSD are both denied. The initial rating in excess of 20% for left shoulder arthritis prior to December 3, 2014, is denied. A rating of 20% for left shoulder arthritis from December 3, 2014, to September 19, 2019, is granted subject to the law and regulations governing the payment of monetary benefits. The rating in excess of 20% since September 20, 2019, for degenerative changes of the thoracolumbar spine is denied. The grant of a total disability rating based on individual unemployability (TDIU) prior to March 28, 2014, is also denied. The claim for service connection for left upper extremity radiculopathy is remanded.

The Board has remanded the Veteran's claims for increased ratings for her lumbar spine disability and for a TDIU due to service-connected disabilities. The Veteran is required to undergo further examination, and VA must provide her with proper notice of how to substantiate a claim for entitlement to TDIU.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The Board denied service connection for right knee, bilateral ankle, back, and hypertension disabilities due to lack of evidence linking these conditions to the Veteran's military service.

The Board has denied service connection for fatigue and remanded the claim for lumbar spine degenerative disc disease with bilateral lower extremity radiculopathy.

The Board has remanded the case due to a need for clarification on the VA examination regarding the Veteran's lower back condition and its relation to service.

The Board has denied the Veteran's claims for service connection for lower back condition and skin condition, finding that the preponderance of evidence is against a finding that these conditions began in service or are otherwise related to his active duty military service. The case is remanded for further development.