Back / lumbar spine decisions — 2020

The Veteran's low back disability is currently rated at 20 percent effective March 3, 2015 to November 8, 2018. A rating in excess of 20 percent for the period prior to and after this date is denied.

The Board has remanded the case due to insufficient rationale in a previous VA examination, and additional development is needed.

The Veteran's lumbar spine degenerative disc disease and degenerative joint disease are related to an in-service back injury, resulting in service connection.,Fecal incontinence is proximately due to the Veteran's service-connected lumbar spine degenerative disc disease and/or residuals of prostate adenocarcinoma, leading to service connection.,There is no current diagnosis of a cognitive disorder (claimed as memory loss) separate from his service-connected major depressive disorder. Service connection for this condition is denied.,PTSD was not diagnosed based on the Veteran's reported stressors and symptoms did not meet DSM-5 criteria, resulting in denial of service connection.

The Veteran's claim for a higher rating of 40 percent for residuals of a compression fracture of the lumbar spine is granted, as he currently has forward flexion limited to 30 degrees or less.

The Board denied service connection for a right arm disorder, the residuals of a left wrist disorder, and cervical spine disorders. The Veteran's right arm disorder is not considered to have begun during active service or be related to an in-service injury.,Service connection was also denied for hypertension as there is no evidence that it began during active service.

The Veteran's appeal for a higher rating for tinnitus must be denied as the maximum schedular rating of 10 percent has been assigned.,The awards of service connection for left and right lower extremity femoral nerve radiculopathy are not entitled to an earlier effective date due to failure to perfect an appeal in January 2014.,Increased ratings for PTSD, thoracolumbar spine degenerative disc disease, left and right lower extremity femoral nerve radiculopathies, and left and right lower extremity sciatic nerve radiculopathies are remanded. The Veteran's entitlement to service connection for sleep apnea is also remanded.,The award of an earlier effective date for the increased rating of 20 percent for right lower extremity sciatic nerve radiculopathy is remanded.,The issue of a TDIU prior to June 2, 2017 is inextricably intertwined with the increased rating claims and must be remanded as well.

The Board has granted the Veteran's claim of service connection for a back condition, including diagnoses such as mechanical back pain, lumbosacral sprain/strain, facet joint arthropathy (DJD), and degenerative disc disease (DDD). The decision also reopened his previously denied claim for lumbar strain.

The Veteran's separate ratings for right and left leg sciatica from January 15, 2002 have been denied. He is currently receiving a 60 percent rating for his service-connected thoracolumbar spine disability.

The Veteran's claim of service connection for hypertension has been reopened and granted. The rating for lumbosacral spine disorder with degenerative disc disease is remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for updated VA medical records, additional examinations, and compliance with regulatory requirements.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional medical opinions regarding his low back disability, bilateral hip disabilities, carpal tunnel syndrome, and asthma. The claims will be returned to the RO for further development.

The Veteran's claims for service connection for lumbar degenerative disc disease, bilateral knee condition, bladder condition, and gastrointestinal disorder were dismissed as the issues were not appealed. The Board found that new and material evidence had been received to reopen these claims.

The Board dismissed the appeals of service connection for various disabilities as the Veteran and his representative withdrew their appeal, indicating satisfaction with the most recent decisions.

The Board has decided to remand the case due to incomplete development and inadequate opinions regarding the Veteran's low back disorder.

The Veteran's TDIU claim from October 26, 2010 is being remanded due to the need for a new VA examination of his degenerative disc disease. The initial rating claim for degenerative disc disease of the lumbar spine and the TDIU claim are inextricably intertwined.

The Veteran's DDD of the lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher rating as his range of motion did not warrant an increase to any level above 10 percent.

The Veteran's claims for service connection for headaches, lower back conditions, and nerve conditions of the left lower extremity have been remanded due to insufficient evidence. The Board will review these issues again after gathering more information.

The Board has granted the Veteran's claim for service connection for a lower back degenerative condition, finding that his current diagnosis is related to his military service and resolving all doubt in his favor.

The Veteran's appeal includes multiple issues related to his service-connected disabilities, including hypertension, radiculopathy of the upper and lower extremities, arthritis, and a nerve condition. The Board has withdrawn some claims and remanded others for further review.

The Board has remanded the claims of service connection for low back disability and bilateral hearing loss due to a lack of VA examination in relation to these issues. The Veteran is required to be provided with a VA examination to determine the nature and etiology of his claimed disabilities.