Back / lumbar spine decisions — 2020

The Board has determined that there was not substantial compliance with its February 2020 remand orders and thus the case is being returned for further development.

The Veteran's claims for service connection for malaria and hepatitis, as well as his back disability, were denied. His claim for increased rating of a psychiatric disability was also denied.

The Board has determined that the Veteran's low back disability is not service connected, as there is no evidence of a nexus between her current condition and any in-service injury or disease. The claim for secondary service connection to her cesarean section residuals was also denied.

The Board has determined that the Veteran's current low back disability, including spondylolysis and spondylolisthesis at L5-S1 level, is due to his active service. The evidence shows a pre-existing condition without aggravation during service.

The Veteran's TDIU claim is remanded due to inadequate medical evidence and outstanding VA treatment records. The Board requires new examinations to assess the impact of his service-connected conditions on his ability to work.

The Veteran's back disability was rated at 20 percent prior to January 22, 2020 and denied for a higher rating. Since then, the disability has been rated at 40 percent due to limited range of motion.

The Veteran's claim for SMC based on the need for aid and attendance or housebound status is remanded due to insufficient evidence regarding his service-connected disabilities. The VA needs to obtain additional records, including from private sources if necessary, and schedule an examination to determine if his service-connected disabilities alone result in the need for aid and attendance.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's back disability and his service-connected bilateral pes planus and ankle disabilities, as well as whether the Veteran's back disability is related to active service.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected degenerative disc disease with osteoarthritis of the lumbar spine with lumbar scoliosis. The Board also restored the Veteran's 20% rating for his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for additional examinations and opinions to determine the nature and etiology of his cervical, shoulder, back, knee, and extremity disabilities. The claims are being returned to the RO for further action.

The Veteran's TDIU claim is remanded due to outstanding private and VA treatment records, incomplete employment information, and the need for examinations regarding his service-connected musculoskeletal disabilities and upper extremity neuropathies.

The Board denied the Veteran's claims for service connection for scars resulting from multiple contusions and lacerations, other than those affecting his left knee. The claim for an initial rating in excess of 20 percent for degenerative arthritis of the lumbar spine was also denied. However, a separate rating of 10 percent for radiculopathy of the left lower extremity as of July 13, 2015, was granted.

The Board has decided to remand the claims for service connection for lumbar and cervical spine disabilities, as well as the TDIU claim due to the submission of additional evidence. The hypertension and diabetes mellitus rating claims are also remanded because a statement of the case has not yet been issued.

The Board has remanded the Veteran's claims for service connection for bilateral hip, knee, and low back disabilities due to her service-connected bilateral ankle disabilities. The case will be reviewed with a new medical opinion to determine if these conditions are aggravated by her service-connected ankle disabilities.

The Board has remanded the claim for service connection of a back disability due to insufficient evidence and the need for an examination.

The Board has granted the Veteran's requests to reopen his claims for service connection for a back disability, neck disability, and tinnitus. The cases are now remanded for further development.

The Board has remanded the claims for service connection for low back condition and acquired psychiatric disorder due to incomplete development in prior VA examinations.

The Board has remanded the cases for further development due to inadequate examinations and need for additional medical opinions regarding service connection.

The Board denied service connection for Parkinson's disease, dementia, a psychiatric disorder other than dementia including PTSD and depression, and a back disorder due to herbicide exposure in Thailand. The Veteran did not meet the criteria for service connection as his conditions are not related to his military service or any service-connected disability.

The Veteran has withdrawn the appeal regarding a higher initial disability rating for their lumbar spine disability, so this issue is dismissed.