Back / lumbar spine decisions — 2020

The Board denied service connection for a lumbosacral spine disability and denied an earlier effective date for TDIU. The Veteran's lumbosacral spine disability is not related to active service or her service-connected right foot disability, and she was found employable prior to October 19, 2015.

The Board has decided that the Veteran's claims for service connection for various disabilities, including lower back, right and left knee, left lower extremity neurological, and chest disabilities, need further development due to incomplete medical records. The case is being remanded to obtain all relevant service treatment records.

The Veteran's acquired psychiatric disorder, including PTSD, and alcohol abuse disorder are granted service connection. Bilateral elbow disorder, bilateral knee disorder, and lumbar spine disorder are denied.

The Board denied the Veteran's claims for service connection for a right hip disability and entitlement to TDIU, finding that his current right hip disability is not related to active service or any incident of service, including as due to a service-connected lumbosacral spine disability. The Board also found that his service-connected disabilities do not preclude him from securing or maintaining a substantially gainful occupation.

The Veteran's claim for a TDIU prior to January 16, 2012 was denied as he had maintained full-time employment and earned more than the poverty threshold during that period.

The Veteran's service-connected DDD of the thoracolumbar spine and GERD were granted increased ratings, with a total disability rating based on individual unemployability (TDIU) also being granted. The hypertension secondary to PTSD was not resolved as it was inextricably intertwined with other claims.

The Veteran's right knee condition is rated at 20 percent, and his left hip osteoarthritis with limited adduction is also granted. The Board has granted a higher rating for the Veteran's service-connected conditions.

The Board has remanded six issues of service connection for various knee and hip conditions, as well as arthritis in the left foot. The reasons include insufficient evidence to determine if the pre-existing lumbar spine disorder was aggravated by service or if the left foot arthritis is related to a vehicle accident during service.

The Board has remanded the case due to non-compliance with prior remand directives. The Veteran's increased rating claims for lumbar spine, left and right knee disabilities, and right shoulder derangement remain in appellate status.

The Veteran's service-connected back and bilateral knee disabilities are being remanded for further examination to determine their current severity.

The Veteran's petition to reopen his claim of entitlement to service connection for a cervical spine disorder is granted. Entitlement to service connection for degenerative disc disease of the cervical spine is also granted.

The Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities have been denied because he failed to report for scheduled VA examinations without good cause.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, eczema (skin condition), erectile dysfunction, a back disability, and an acquired psychiatric disorder were denied as the evidence did not establish a nexus to service.,Service connection was granted for an acquired psychiatric disorder.

The Board has determined that the Veteran's lower back condition warrants a 10 percent rating prior to April 8, 2016 and remanded for further development regarding increased ratings from September 18, 2019 onwards.

The Board has remanded the claims for higher ratings for the service-connected right and left knee disabilities due to inadequate examinations in previous decisions.

The Board has remanded the cases for compliance with previous directives, including obtaining VA and SSA records. Addendum opinions are needed to determine the nature and etiology of current cervical spine, lumbar spine, left foot, and left knee disabilities. A psychiatric examination is also required to assess PTSD severity.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection of lumbar spine and cervical spine disorders. The case will be returned to the AOJ for further development.

The Board has reopened the claim of service connection for a low back injury, but denied the claim as there is no current disability.

The appeal seeking an increased rating for a low back disability is dismissed. The claim for service connection for sleep disorder, to include sleep apnea, is remanded.

The Board has remanded the Veteran's claims for service connection for a lumbar spine condition and heart condition due to inadequate VA opinions. The claims are now back before the Board.