Back / lumbar spine decisions — 2020

The Veteran's claims for increased ratings and service connection are being returned to the agency of original jurisdiction (AOJ) for further development as some issues require additional evidence or clarification.

The Board denied service connection for thoracolumbar and cervical spine disabilities, finding that the Veteran's conditions did not manifest to a compensable degree within the applicable presumptive period or were otherwise etiologically related to his in-service injuries.

The Board has decided to remand the case due to the need for further development and consideration of new evidence.

The Veteran's claim for an increased rating for low back muscular strain is denied as his disability does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Board has determined that the Veteran's current cervical spine disability is not related to his service, as there is no evidence of a neck injury or condition during service and no nexus between the current disability and service.

The Board denied the Veteran's claims for earlier effective dates and increased ratings for his service-connected conditions, finding that there was no evidence of an increase in severity within one year prior to May 31, 2011. The effective date for the increased rating from 10 percent to 30 percent for bilateral flat feet is denied.

The Veteran's initial claim for a higher rating for his thoracolumbar spine degenerative arthritis was denied, with the Board finding that he did not meet the criteria for an increased rating from June 3, 2009 to December 9, 2019.,For the period after December 9, 2019, a higher rating of 20 percent was also denied. The Veteran's condition worsened such that he now experiences forward flexion of his thoracolumbar spine at 45 degrees upon repetitive use.

The Veteran's claims for service connection and increased evaluations are remanded due to the need for additional medical records, social security administration (SSA) records, and VA examinations.

The Board has granted service connection for a low back disability. The gastrointestinal problems, specifically GERD, are remanded due to the need for additional evidence.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability is denied. The Veteran's claim for TDIU prior to July 6, 2016 is granted.

The Veteran's low back disability was initially rated at 20 percent prior to July 18, 2019 and then increased to 40 percent from that date. The Board has remanded the claim for a total disability rating due to individual unemployability (TDIU).

The Board has remanded the cases for additional development due to non-compliance with previous directives and for a new VA examination.

The Board has determined that further development is necessary for the Veteran's claims of increased ratings for lumbar spine degenerative arthritis and third and fourth finger fractures of the left hand. The case must be remanded to allow for a new VA examination.

The Veteran's appeal is remanded for additional development to obtain recent VA treatment records and conduct current VA examinations regarding his service-connected disabilities. The issues of increased ratings for various conditions are being remanded.

The Board has remanded the claims for service connection for left knee, low back, and right shoulder disabilities due to inadequate opinions regarding secondary service connection. Additional development is needed including obtaining STRs and providing addendum opinions.

The Board has remanded the claims for additional development, including obtaining VA treatment records and scheduling examinations. The Veteran's service-connected disabilities are to be evaluated further.

The Board has remanded the Veteran's claims for additional development due to outstanding service records and private treatment records. The issues include seeking service connection for a low back disorder, abdominal pain, and PTSD with recurrent major depressive disorder and mild memory loss, as well as requesting an increased disability rating and TDIU.

The Board has remanded the Veteran's claims of service connection for back injuries and ocular conditions, as well as his claim for a higher rating for his right shoulder disability. The Veteran is required to provide authorization forms for any private medical records related to these issues.

The Veteran's claim for service connection for leukopenia has been denied as it is not a disability for which VA benefits can be awarded.,The Veteran's appeal for an initial rating in excess of 0 percent for bilateral hearing loss has been dismissed due to his withdrawal of the appeal.

The Board has remanded the claims of service connection for back disability and bilateral knee disabilities due to insufficient evidence in previous VA examinations.