Back / lumbar spine decisions — 2020

The Board has remanded the cases for further development due to inadequate examination reports and inextricably intertwined issues. The Veteran's claims for increased rating, service connection, and total disability based on individual unemployability (TDIU) are currently under review.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2019 was denied as there is no evidence showing he was unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's degenerative arthritis of the lumbar spine is secondary to his service-connected bilateral pes planus.

The Board has remanded the cases for further development and examination to determine if the Veteran's low back, left knee, and right shoulder disabilities are related to his service-connected right thigh shell fragment wound residuals.

The Board has denied the Veteran's claim for service connection of a back disability, finding that there is no evidence to support a nexus between his current back condition and his military service.

The Board denied service connection for a back disability, finding that the evidence did not show a chronic disease present during or within one year of service discharge. The examiner opined that the current back disability was less likely than not incurred in or caused by an in-service injury.

The Board has granted a total disability rating based on individual unemployability (TDIU) from January 1, 2011 due to service-connected disabilities.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further examination or medical opinion.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's back disorder and its relation to his service.

The Board denied the Veteran's claims for service connection for a low back disability, and denied his requests for increased ratings for peripheral neuropathy of the upper and lower extremities as well as diabetes mellitus. The appeal was also remanded for further action on the issue of service connection for an acquired psychiatric disorder.

The Board has remanded the case due to insufficient evidence regarding the Veteran's functional limitations and additional loss of motion during flare-ups. The case will be returned for further examination and consideration.

The Board denied the Veteran's claim for service connection for low back disability, finding that there is no evidence of a current disability in service or until decades after service and no competent evidence linking any current condition to service.

The Board denied service connection for lumbosacral and cervical spine disabilities, finding that the evidence does not support a link between the Veteran's active duty service and his current conditions.

The Board has remanded the case due to inadequate consideration of the Veteran's lay statements and service treatment records in determining whether his current degenerative arthritis of the lumbar spine is related to service. The claim will be reconsidered with a new VA examination.

The Board has determined that new and relevant evidence was received, allowing for the readjudication of the claim. However, due to a lack of a VA examination, the case is remanded to obtain one.

The Board has vacated the portion of its April 2020 decision that denied service connection for heart palpitations due to failure to consider a theory that the condition is related to GERD and/or Barrett's esophagus. The claims for left shoulder, right shoulder, lumbar spine, and gastrointestinal reflux disabilities are remanded for further development.

The Veteran's claim for earlier effective date of August 20, 2016, but not earlier, for the grant of service connection for tinnitus is granted. The claims for service connection for cervical and back disabilities are denied.

The Veteran's TDIU claim is remanded due to the failure to refer his case for extraschedular consideration prior to December 30, 2019. The Board finds that he meets the criteria for such referral.

The Board has remanded the Veteran's claims for service connection for back disability and sciatica of the left and right lower extremities, finding that additional development is needed to determine the etiology of these conditions.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a TDIU rating.