Back / lumbar spine decisions — 2020

The appeal to reopen a claim of service connection for congestive heart failure is denied.,The appeals to reopen claims of service connection for type 2 diabetes mellitus, bilateral arm disability, bilateral knee disability, and back condition are remanded.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current back disability is related to his service, specifically during periods of active duty training. The AOJ must obtain new medical opinions and provide the Veteran with information on the qualifications of the December 2019 examiner.

The Veteran's claims for increased ratings for lumbar spine IVDS, right knee arthritis, right knee meniscal disability, and left knee chondromalacia were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for a low back disorder and denied an initial rating in excess of 70 percent for PTSD. The Veteran's low back disorder was not shown to be related to his service, while the PTSD symptoms did not meet criteria for a higher rating.

The Veteran's claim for an increased rating of 40 percent for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome (IVDS) is granted. The claim for an increased rating of 30 percent for tinea versicolor, prior to September 16, 2014, is also granted. However, the claim for an increased rating in excess of 30 percent for tinea versicolor, from September 16, 2014, is denied. The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted.

The Board has remanded the Veteran's claims for additional development due to incomplete records and potential TDIU issues. The claims include service connection, rating determinations, and a request for TDIU.

The Board has reopened the claims for left foot, left knee, and hepatitis C disorders due to new evidence received. The remaining issues are remanded for further development including obtaining VA treatment records and providing examinations.

The Board has reopened the Veteran's claim for service connection for a heart disability due to new and material evidence. The case is remanded for further development, including obtaining VA treatment records and arranging for a VA examination to address whether the Veteran's current heart disability is related to service or secondary to his right hip/pelvis disability. The low back disability issue is also remanded with similar instructions.

The Veteran's appeal has been dismissed due to their death. The Board cannot proceed with the merits of this case as they have no jurisdiction.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions from VA examiners. The claims will be reviewed again with new medical opinions provided.

The Board has granted service connection for lumbar and cervical spine disabilities, finding that the Veteran's current conditions are at least as likely as not related to in-service injuries.

The Board has denied the Veteran's claims for service connection for a back disability and prostate disability, finding that there is no evidence to support these conditions as being related to his military service.

The Board has remanded the Veteran's claim for a new VA examination to determine if he has any diagnosed disability of the thoracolumbar spine, including pain and functional impairment. The examiner is asked to consider the August 2018 opinion from Dr. S.F., who concluded that the Veteran’s current thoracolumbar spine disorder may be due to his 1973 stab wound.

The Board has remanded the cases due to incomplete service treatment records and further development is required.

The Board has found that there was not substantial compliance with its remand instructions and thus the appeals are being returned to the AOJ for further development.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the etiology of the Veteran's low back and left leg conditions.

The Board has granted service connection for lumbar spine disability and remanded the issue of bilateral hearing loss.

The Board has determined that the Veteran's lumbar spine degenerative spondylolisthesis and stenosis are due to an in-service injury, thus granting service connection for these conditions.

The Board denied the Veteran's claims for service connection for PTSD, bilateral hearing loss and tinnitus, lumbar spine disability, pseudofolliculitis barbae (PFB), residuals of frostbite of the hands and feet, and acquired psychiatric disorder, to include major depressive disorder (MDD). The evidence received since the February 2011 rating decision is not material.

The Board has decided to remand the case due to a lack of rationale in the VA examiner's opinion regarding the Veteran's lower back disability. The Veteran is asked to provide lay statements about when his current back problems began and whether he has experienced recurrent back problems since his in-service fall.