Back / lumbar spine decisions — 2020

The Board has remanded the cases for further examination and opinion regarding service connection for back, left knee, and right knee disabilities. The issues are being returned to the Board due to a lack of adequate medical opinions in the previous decision.

The Veteran's claim for service connection for a back disability, variously diagnosed as scoliosis, chronic mechanical low back syndrome, lumbosacral spondylosis, lumbar facet arthropathy, and lumbosacral disc degeneration is granted. The RO will remand the remaining issues.

The Board has remanded the Veteran's claims due to new evidence not previously reviewed by the RO.

The Board has determined that the Veteran's claim for an effective date earlier than October 5, 2012 for the grant of service connection for lumbosacral strain with contusion and degenerative arthritis (lumbar strain) is denied. The case is remanded for further development regarding the Veteran's disability rating claims.

The Board denied service connection for myopia and astigmatism, thoracolumbar spine disorder, acquired mental disorders (including PTSD), right knee disorder, left knee disorder, and bilateral hearing loss due to lack of evidence linking these conditions to active service.

The Board has granted service connection for a low back disability and assigned an effective date. The right arm gunshot wound residuals are being remanded for further examination, and the TDIU rating is also being remanded.

The Board has denied a rating greater than 40 percent for lumbosacral strain with posterior disc bulge and remanded the issue of an increased rating for right lower extremity radiculopathy. The claim remains in appellate status.

The Board has remanded the claims of service connection for low back disability, right leg length discrepancy, left leg length discrepancy, and a sleep disorder (to include as secondary to service-connected depression with insomnia). The Veteran's low back disability is related to his military service. Sleep apnea was noted in post-service records but no VA examination or opinion has been obtained regarding the nature and etiology of the Veteran’s sleep disorder.

The Veteran's claims for increased ratings for his lumbosacral degenerative disc disease, right lower extremity radiculopathy, and right knee strain are being remanded due to the need for additional medical examinations and consideration of outstanding private treatment records.

The Veteran's disability rating for strain, sprain and spondylosis of the thoracolumbar spine prior to May 21, 2020 was granted at a 20 percent level. However, his request for a higher rating after that date is denied.

The Veteran withdrew his claim for service connection for a low back disorder before the Board could make a decision.

The Veteran's lumbar spine disability is rated at 40 percent since September 10, 2019. A separate 10 percent rating for right lower extremity radiculopathy is granted. The Veteran's peripheral neuropathy of the left lower extremity is rated at 20 percent prior to January 4, 2018.

The Veteran withdrew his appeal regarding the increased rating for his lumbar spine disability, and the Board dismissed it.

The Board denied a claim for an evaluation in excess of 20 percent for thoracolumbar spine with spondylosis, finding that the Veteran's disability has been manifested by pain and limited range of motion but not to the extent required for higher ratings.

The Board has remanded the claims for service connection and TDIU due to issues related to lumbar spine, neck trauma, bilateral shoulders, and psychiatric disorders. The Veteran's conditions are being evaluated based on direct service connection.

The Veteran's left shoulder disability is rated at 20 percent, his recurrent dislocation of the left shoulder is granted a noncompensable rating, and he has service connection for his left ankle and lower back disabilities as secondary to his right ankle disability.

The Board denied service connection for COPD, sleep apnea, and lumbar spine disability as the evidence did not support a link to service or any exposure thereto.

The Veteran's service-connected lumbar strain, right foot strain, and neuritis of the right plantar foot are not sufficient to meet the schedular requirements for a TDIU. However, there is evidence that he is unemployable due to these disabilities. The Board finds further development necessary, including a VA examination and referral to the Director of Compensation Services for an extraschedular rating under 38 C.F.R. § 4.16(b).

The Board has remanded the case due to inadequate medical opinions regarding informed consent and causation of the Veteran's lumbar spine disability. The claims for compensation under 38 U.S.C. § 1151, TDIU, and SMC are also being remanded.

The Veteran's appeal is being remanded due to the need for a new VA examination and opinion regarding her eligibility for financial assistance for automobile or other conveyance and adaptive equipment, or for adaptive equipment only. The matter will be reconsidered based on the results of this new examination.