Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities, including atrial fibrillation, unspecified trauma disorder, lumbar spine disc disease, and other conditions, are reasonably shown to render him unable to maintain regular substantially gainful employment.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and lower extremity radiculopathies are being remanded due to inadequate examination findings. The Veteran is seeking higher disability ratings, but the most recent VA examination did not adequately assess his symptoms or provide a comprehensive evaluation.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no credible evidence of an in-service injury or incident and concluding that his current disabilities are not related to active duty.

The Board has remanded the claims of service connection for back condition, asthma, diabetes, and hypertension due to inadequate nexus opinions provided by the VA examiner in July 2018.

The Board has determined that more development is necessary to determine the nature and etiology of the Veteran's claimed low back disability, including considering the May 2016 VA examiner's statements regarding a scar in the lumbar area and the June 1996 and August 1997 VA 10-10 forms regarding complaints of back pain. The appeal is being remanded for further development.

The Board has remanded two issues: service connection for degenerative disc disease of the thoracolumbar spine and a skin disability of the face, chest, and back. The remand is due to incomplete records and failure to obtain VA examinations.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted a 20 percent rating for his left ankle disability, cervical strain with degenerative arthritis, and lumbosacral strain from March 3, 2014. Service connection for chronic gastritis and GERD were not established.

The Board has granted service connection for tinnitus and remanded the cases of bilateral hearing loss and low back condition.

The Veteran's back disability is currently rated at 20% and denied for an increased rating.

The Veteran's claim for a skin condition has been reopened and granted. The Board dismissed the claims of TBI, sleep apnea, and PTSD. The remaining issues have been remanded.,PTSD rating remains pending due to need for a new VA examination.

The Veteran's low back disability was restored to a 20 percent rating effective November 1, 2012. The issue of TDIU remains on appeal.

The Veteran's service-connected back disability and radiculopathy did not render him unable to secure or follow a substantially gainful occupation prior to May 2, 2016.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including back disability, left knee disability, and acquired psychiatric disability. The remand requests additional examinations for these conditions and an opinion regarding their etiology.

The Board denied service connection for degenerative disc disease of the lumbar spine and radiculopathy of the left leg, finding that there was no evidence linking these conditions to military service. The Board also found that secondary service connection for radiculopathy could not be granted as the underlying DDD of the lumbar spine was not service-connected.

The Board has remanded the Veteran's claims for a rating in excess of 10 percent, 20 percent, and 40 percent for degenerative joint disease of the lumbar spine due to inadequate examination reports and failure to consider functional loss during flare-ups.

The Board has remanded the claims for service connection for degenerative changes of the lumbar spine, right knee, and left knee due to insufficient evidence regarding their relationship to active duty service.

The Veteran's claim for an initial rating in excess of 10 percent for IBS prior to July 7, 2018, is granted.,From July 7, 2018, the criteria for a higher rating are not met.

The Board has granted a disability rating of 40 percent for the Veteran's lumbar spine disability, effective from the entire period on appeal.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease, lumbar spine L4-L5 (claimed as back pain), is remanded due to the need for a VA examination.

The Board denied reopening of claims for service connection for a low back disability and a skin rash, finding no new and material evidence. Service connection for hypertension was dismissed due to lack of evidence.,Service connection for hypertension was not granted as the Veteran did not meet the criteria under 38 C.F.R. § 3.309(e) because hypertension is not listed among the presumptive diseases associated with herbicide exposure.