Back / lumbar spine decisions — 2020

The Board has remanded the case due to a need for an opinion regarding whether the Veteran's back disorder is related to his fall from a ladder during service.

The Board has remanded the case due to conflicting evidence regarding radiculopathy and a need for additional VA medical opinions on range of motion.

The Board has remanded the Veteran's claims for additional development due to incomplete examination reports and outstanding medical records. The issues of service connection for lower back, right ankle, left foot, right foot, and right hip disabilities are being remanded as well as the issue of service connection for gastroesophageal reflux disease (GERD).

The Board has found that the VA examination was not conducted as per the previous remand instructions and thus, the matter is being remanded again for a new VA examination to assess the severity of the Veteran's service-connected back disability.

The Veteran's degenerative disc disease of the lumbar spine at L5-S1 is now rated at 40 percent from May 4, 2018. His right and left lower extremity radiculopathy are each rated at 30 percent beginning May 4, 2018.

The Board has remanded the cases for further development due to inadequate medical opinions on the etiology of the Veteran's disabilities, specifically vertigo with ear pain, neck disability, and back disability.

The Veteran's appeal for increased ratings and TDIU prior to July 17, 2017 is remanded due to the need for additional development of evidence.

The Veteran's claim for an initial rating in excess of 20 percent for his chronic lumbar strain disability is being remanded due to deficiencies in the VA examination provided. The Board requires a new addendum opinion from the August 2020 examiner and, if necessary, a new VA examination.

The Veteran's initial ratings for his lumbar spine disability were denied, and the claim was granted with a higher rating after October 1, 2019. The Veteran also had denied claims for increased ratings for radiculopathy of the sciatic nerve in both lower extremities and for radiculopathy of the femoral nerve in one lower extremity.

The Veteran's IVDS is currently rated at 20 percent, but the Board has remanded for further evaluation due to issues with his right and left knee disabilities.

An increased rating of 40 percent for a service-connected lumbar sacral strain is granted from November 11, 2012 to September 30, 2019.,From October 1, 2019, an increased rating in excess of 40 percent for the same condition is denied.,A total disability rating based on individual unemployability (TDIU) is granted from November 11, 2012 to September 11, 2013.

The Board has denied service connection for low back and right knee disabilities, finding that the conditions are not related to service or residuals of a right fibula fracture.

The Board has remanded the cases for additional evidentiary development, including obtaining outstanding private treatment records and VA treatment records from November 2019 to the present. The TDIU claim is also remanded due to its inextricability with the increase rating claim.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is at least as likely as not related to a back injury sustained in service.

The Board has determined that the Veteran's low back condition is related to his active duty military service and grants service connection for this condition.

The Veteran's claim for higher ratings for his lumbosacral strain with disc displacement and spondylosis was denied. The rating of 10 percent prior to September 5, 2013 is maintained, while the claims for increased ratings from December 1, 2013 to November 26, 2014 (20 percent) and as of December 16, 2019 (40 percent) were denied.

The Veteran's right knee disability is determined to be secondary to his service-connected lumbar spine and plantar fasciitis disabilities, with all doubts resolved in favor of the Veteran.

The Board has denied the Veteran's claim for service connection for degenerative arthritis of the spine or low back disorder, finding that the current disability is not related to his military service.

The Veteran's PTSD symptoms prior to March 7, 2016 did not meet the criteria for a 100% rating due to insufficient occupational and social impairment.,The Veteran’s lumbar arthritis has not resulted in unfavorable ankylosis of the entire thoracolumbar spine.

The Board has decided to remand the cases for further development due to insufficient consideration of the Veteran's reported symptoms and history.