Back / lumbar spine decisions — 2020

The Board has denied a higher disability rating for the Veteran's lumbar spine disability due to lack of unfavorable ankylosis. The case is remanded for further examination and opinion regarding lower extremity radiculopathy, sleep apnea, and service connection.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and left knee disability due to inadequate consideration of all relevant evidence, including lay assertions. The claims will be returned to the AOJ for further development.

The Veteran's claims for service connection were denied. The Board found that the preponderance of the evidence did not support a finding that his multiple joint pains, degenerative disc disease of the lumbar spine, or chronic fatigue are related to active service.

The Board has remanded the Veteran's appeals for increased ratings for his right ankle avulsion fracture and thoracolumbar spinal stenosis, as well as his claim for TDIU due to additional development of evidence and issuance of an addendum opinion regarding flare-ups.

The Board has denied the Veteran's claims for service connection for a low back disability and a psychiatric disability, both on the basis that they are not related to his active duty service or any service-connected conditions.

The Board has remanded the claims for further development due to scheduling errors in VA examinations.

The Board has granted service connection for low back and neck disabilities, finding that the Veteran's current conditions are directly related to his parachute jumping duties in service.

The Board has remanded the Veteran's claims for lumbar spondylosis and depression as secondary to service-connected skin condition due to inadequate medical opinions in the original February 2014 rating decision.

The Board denied service connection for left hip, right hip, and back disabilities. However, it granted service connection for a left knee disability that is not directly related to service but was caused or aggravated by the Veteran's service-connected right knee disability.,Service connection for bilateral hips and back disabilities were not established as they are not linked to active duty service.

The Veteran's low back disability is granted as secondary to his service-connected left knee disability. His left knee disability is granted a 20% rating, effective from the date of the decision.

The Board has found that there has not been substantial compliance with the previous remand orders and has therefore ordered a new VA examination for the Veteran's service-connected lumbar spine disability. The TDIU claim is also being remanded as it is inextricably intertwined with the increase claim.

The Veteran's lumbar spine disability was rated at 20% from April 21, 2015 to September 19, 2016. From September 20, 2016 to January 21, 2020, the Veteran is granted a 40% rating except for when in receipt of a temporary total rating from September 26, 2016 to October 31, 2016. The Veteran's disability picture does not warrant a higher rating during this period.

The Veteran's appeal for diabetes mellitus has been withdrawn.,The Veteran's claim for an increased rating for his lower back disability prior to January 19, 2017 is denied. The current rating of 40% is maintained.,The Veteran's claim for an increased rating for his lower back disability after January 19, 2017 is remanded due to lack of evidence showing improvement in the condition.,The Veteran's TDIU claim prior to January 19, 2017 is referred to VA’s Director, Compensation Service, for extraschedular consideration.

An increased disability rating of 20 percent for the service-connected back disability from August 21, 2009 to August 24, 2020 is granted.,An initial disability rating of 20 percent for the service-connected neck disability from February 13, 2008 to August 24, 2020 is granted. An increased disability rating higher than 20 percent for the service-connected neck disability from August 24, 2020, forward, is denied.,An initial 10 percent disability rating for the service-connected left hip disability (limitation of external rotation) from August 21, 2009 to August 24, 2020 is granted. An increased disability rating higher than 10 percent for the service-connected left hip disability (limitation of external rotation) from August 24, 2020, forward, is denied.

The Board has decided to remand the case due to an inadequate VA examination, and new evidence of a low back disorder.

The Veteran's service-connected low back disability has been rated at 40% since July 9, 2019. The Board found that the current rating is appropriate for this period.

The Board denied the Veteran's claims for service connection for a back disability and TDIU due to lack of evidence linking his current condition to his military service.

The Board has remanded the cases for additional development and an addendum VA opinion to determine if the Veteran's current back condition is related to service, including his in-service injuries. The issues of bilateral lower extremity radiculopathy are also being remanded due to their interdependence with the back issue.

The Board has remanded the case due to insufficient compliance with previous remand orders regarding a retroactive medical opinion on the Veteran's range of motion and functional loss.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence showing it was incurred during active duty or related to his service-connected right knee disability.