Back / lumbar spine decisions — 2020

The Veteran's claims for service connection have been remanded due to duty-to-assist errors. The VA is required to obtain medical records from Kaiser Permanente and provide the Veteran with a VA examination to determine if his respiratory disability, sleep apnea, or back disability are related to service.

The Board has granted service connection for tinnitus, but denied service connection for a back disability and bilateral hearing loss.

The Veteran's claims for increased ratings and initial evaluations were denied as the evidence did not show that his ankle fracture or lumbar spine disability warranted a higher rating.

The Veteran's claims for TDIU, increased ratings for various knee and back disabilities, service connection for shoulder, ankle, foot, and sleep apnea conditions, as well as reopening of his hypertension claim are all remanded. The Veteran is also granted TDIU.

The Board has determined that additional medical examination and review of the evidence are necessary before a final decision can be made on the Veteran's claims for increased disability ratings for his service-connected lumbar strain with degenerative joint disease, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.

The Board has granted service connection for a back disability, previously diagnosed as intervertebral disc syndrome, due to aggravation during active duty.

The Board has remanded the Veteran's claims for cervical strain and lumbosacral strain due to inadequate examination findings, including lack of information on flare-ups. Updated VA treatment records are needed, and a new VA examination is required.

The Board has remanded the Veteran's claim for TDIU prior to May 28, 2014 due to non-compliance with previous orders. The case is now referred to VA’s Director of Compensation Service for extraschedular consideration.

The Veteran's back condition was granted a 40 percent rating from June 21, 2011 until October 17, 2011. He is now rated at 10 percent for the remainder of the period on appeal.,A separate 10 percent rating was granted for radiculopathy of bilateral lower extremities effective August 27, 2010. A higher rating of 20 percent was granted for right lower extremity in January 2020 and a higher rating of 20 percent is denied for left lower extremity.

The Board has decided to remand the claims for service connection for a lumbar spine disorder and a cervical spine disorder due to insufficient nexus opinions provided by VA examiners. The Veteran's assertions of in-service injuries are considered credible, but further medical opinion is needed to address the etiology of these conditions.

Service connection is granted for bilateral hearing loss disability and tinnitus.,The Veteran's current bilateral hearing loss disability and tinnitus are found to be related to his military service.

The Board has determined that additional procedural development is necessary and the claims for increased ratings for right knee and lower back disabilities are REMANDED to allow for consideration of all evidence received since the April 2020 Supplemental Statement of the Case.

The Veteran is granted a TDIU based on his service-connected disabilities, which include PTSD, left knee replacement, right knee patella fracture, DDD lumbar spine with anteriololisthesis, bilateral lower extremity neuropathy, and tinnitus.,The effective date for the grant of service connection for lumbar spine disability is denied as it was not submitted within one year after separation from service. The Veteran's claim was filed on October 18, 2010.,The Veteran’s evaluation for a lumbar spine disability remains at 20 percent and needs to be remanded due to insufficient range of motion findings in the previous examinations.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and examinations.

The Veteran's claims for increased ratings for lumbar degenerative disc disease with anterolisthesis and right ankle degenerative joint disease are being remanded due to the need for additional development, including VA examinations.

The Board has remanded the Veteran's claims of entitlement to increased initial ratings for his lumbar spine, right ankle, left ankle, and right knee disabilities due to inadequate VA examinations. The claims are being returned for further development.

The Veteran's initial rating for degenerative disc disease of the lumbar spine, post-fusion decompression L5-S1, with scar is denied. An initial rating of 20 percent, but no higher, for lumbar radiculopathy of the left lower extremity is granted.,Service connection for a neck disorder and TDIU are remanded.

The Veteran's irritable bowel syndrome is granted service connection, while the claims for colon resection, gastroesophageal reflux disease, right wrist condition, right knee condition, low back condition, bilateral foot condition, and ingrown toenails are denied.

The Veteran's back disability is rated at a 40 percent rating since December 13, 2004.

The Veteran's PTSD symptoms have been rated at 70 percent disabling since May 8, 2007. He also received a TDIU based on his service-connected PTSD.