Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities prevent him from securing or following a substantial gainful occupation.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling VA examinations to assess the Veteran's service-connected low back disability and PTSD with depression. The issues of increased ratings for these conditions and entitlement to a TDIU are inextricably intertwined.

The Board has determined that further development is needed for the Veteran's hidradenitis suppurativa and back disability claims, as well as his TDIU claim. The VA will need to obtain all relevant records and provide the Veteran with a VA examination to assess the severity of his hidradenitis suppurativa and any current back disability. These matters are being remanded for these purposes.

The Board denied service connection for a low back disorder and denied entitlement to TDIU based on the Veteran's service-connected left leg and knee disabilities. The Board found that there was no link between the Veteran’s current low back disorder and his active service or any service-connected disability, including his left leg and knee disabilities.

The Board denied service connection for a back injury and the rating in excess of 10 percent for gunshot wound of the left foot with scar.

The Board has remanded two cases for further evaluation: one regarding the Veteran's right retropatellar arthrosis and another concerning her lumbar degenerative changes with low back strain. The VA examinations were not conducted as per the previous directives, leading to a need for additional evaluations.

The Veteran's lumbar degenerative disc disease with radiculopathy of the right leg is being remanded for further review due to incomplete medical records and an inadequate examination.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied. The case has been remanded to determine if the Veteran should be granted TDIU.

The Board has granted service connection for osteoarthritis and degenerative disc disease of the thoracolumbar spine, radiculopathy of the right lower extremity, and remanded the issues regarding radiculopathy of the left lower extremity and a disorder of the cervical spine.

The Board has remanded the claims for low back strain, mood disorder, and cervical spine condition due to inadequate examinations and need for additional evidence.

The Veteran's claim for a disability rating more than 20 percent for degenerative disc disease of the lumbar spine at L4-L5 and L5-S1 with IVDS was denied. The TDIU claim was granted.

The Board has remanded the case due to incomplete service personnel records and a need for further examination to determine if the Veteran's back condition is related to his National Guard service.

The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 10% prior to January 26, 2012, and at 20% since March 1, 2012. The left lower extremity radiculopathy, cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy were all rated at 20%. An effective date prior to November 3, 2011, for the increased evaluation of lumbar spine disability was denied. The extension of a temporary total rating for convalescence following lumbar spine surgery beyond March 1, 2012, was also denied.

The Veteran's appeal for a higher rating for his service-connected left shoulder dislocation with rotator cuff tear, lumbar spine disc disease, and related conditions was denied. The Board found that the current ratings adequately reflected the severity of these disabilities.

The Veteran's claims for service connection for left lower extremity radiculopathy and foraminal stenosis and degenerative disc and joint disease of the lumbar spine have been granted with an effective date of July 8, 1994.

The Board has granted service connection for lumbar strain and degenerative arthritis of the lumbar spine with left leg femoral nerve involvement as due to a service-connected left knee disorder, resolving doubt in favor of the Veteran.

The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's lumbar spine disability is rated at 10 percent prior to November 3, 2014 and at 40 percent from that date. The rating of 40 percent is granted for the period after November 3, 2014.

The Board has remanded the Veteran's claims for service connection due to incomplete records from his military health centers. The Veteran will need to provide updated STRs from McDonald Army Health Center in Fort Eustis and Sewell Point Branch Naval Medical Center in Norfolk, Virginia.