Back / lumbar spine decisions — 2020

The Board has reopened the Veteran's claims for service connection for back and neck disabilities due to new evidence. However, it was determined that these conditions were not incurred in or aggravated by her time in service.

The Veteran's service-connected disabilities, including obstructive sleep apnea and thoracolumbar spine levoscoliosis curve, have rendered him unable to engage in substantially gainful employment.

The Board denied the Veteran's claims for an earlier effective date prior to February 24, 2020 for increased ratings of 20 percent for right and left lower extremity radiculopathy.

The Veteran's appeal is granted as to the issues of service connection for lumbosacral strain with degenerative changes of the lumbar spine, psychiatric disability, and right hip tendonitis. The decision was based on evidence that rebutted the presumption of regularity regarding the mailing of the statement of the case.

The Board has remanded the Veteran's claims for higher evaluations for his service-connected obstructive sleep apnea, obstructive lung disease and back disability due to outstanding VA medical records not being obtained.

The Board has remanded the cases due to inconsistencies in the May 2019 VA examination report regarding muscle spasms and scoliosis, as well as the need for a VA examination to determine the current severity of the low back disability. The issues are also intertwined with the service connection claim.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's back condition, specifically stenosis and degenerative disc disease.

The Veteran's service-connected disabilities have precluded him from securing and following substantially gainful employment since at least August 20, 2002.,The Board has remanded the issue of entitlement to an extraschedular TDIU from August 20, 2001 to August 20, 2002 for referral to the Director of Compensation Service.

The Board has remanded the claims for an increased rating for thoracolumbar sprain and TDIU due to new evidence received since the April 2020 SSOC.

The Board denied service connection for a back disability and a left leg numbness, finding that the evidence did not support an in-service injury or disease related to these conditions.

The Board has granted the Veteran's claim of entitlement to service connection for a low back condition, finding that there is at least equipoise evidence in favor of the claim and resolving all reasonable doubt in his favor.

The Board denied the Veteran's claims for service connection for a lumbosacral spine disability and an initial compensable rating for bilateral hearing loss, finding that there was no evidence to support these claims.

The Board has remanded the claims for bilateral hearing loss, tinnitus, lumbar spine disability, hepatitis C, and headaches due to incomplete records. The Veteran's service connection claims are pending.

The Veteran's service-connected DDD of thoracolumbar spine with IVDS is currently rated at 20 percent, effective October 17, 2019. The right lower extremity radiculopathy has been rated at 10 percent since the claim was filed.

The Board has remanded the claims for a left ankle disability, left knee disability, and chronic back disability due to insufficient examination findings. The Veteran's service connection claim is denied as there is no current diagnosis of any left ankle disability.

The Board granted service connection for a back disorder, but this decision is vacated because the Veteran was already service-connected for a back disorder prior to the June 10, 2019 decision.

The Board has denied service connection for a lumbar spine condition and remanded the issue of service connection for a stomach condition due to inadequate examination reports. The Veteran's claims are now pending with further development required.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of an in-service injury or disease and that any current condition is not otherwise attributable to active duty service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions.

The Veteran's claim for TDIU is remanded due to the need for additional development, including obtaining a completed VA Form 21-8940 from the Veteran and conducting further development of his employment history.