Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for a disability rating in excess of 40 percent for service-connected lumbosacral strain and for a separate evaluation for neurological manifestations associated with lumbosacral strain due to additional development being required.

The Board has remanded the cases of the Veteran's right and left ankle disorders, as well as his lumbar spine disorder for further development. The VA is required to obtain medical opinions regarding the etiology of these conditions.

The Veteran's appeal for increased ratings on her service-connected scars of the abdomen, bursitis, lumbar spine disability, and cervical spine disability is remanded due to new evidence. An earlier effective date of August 26, 2009, for the 20 percent rating assigned for abdominal scars is granted.

The claim for service connection of a low back disorder is denied, while the claim for PTSD is remanded.

The Veteran's cervical strain was granted an initial rating of 10 percent from May 31, 2016, to January 24, 2020. The appeal for a higher rating is denied during this period and beginning January 24, 2020. For lumbar strain, the Veteran was granted an initial rating of 20 percent from September 13, 2019, to January 23, 2020. The appeal for a higher rating is denied prior to this date and beginning January 24, 2020.

The Veteran's service-connected disabilities, including PTSD and degenerative joint disease of the lumbosacral spine, have rendered him unable to secure or follow a substantially gainful occupation since January 22, 2016.

The Board has granted service connection for bipolar disorder and remanded the remaining issues of service connection for other conditions. The Veteran's current bilateral shoulder disorders, lumbar spine disorder, sleep disorder, tinnitus, and erectile dysfunction are presumed to have originated in service.

The Board has remanded the claims for service connection for a low back condition and bilateral foot disorder due to outstanding private medical records that need to be obtained.

The Board dismissed all claims for service connection due to the Veteran's death.

The Board has denied the Veteran's claims for service connection for a back disability and left foot disability. The claim of an increased rating for PTSD with alcohol abuse prior to September 23, 2019 and more than 70 percent thereafter is remanded.

The Board has remanded the claims for service connection for an acquired psychiatric disability, a back disorder, and a right elbow disorder due to incomplete information about the Veteran's National Guard service.

The Board has remanded the claims for further development due to inadequate medical opinions and failure to consider the Veteran's lay statements regarding his back injury in service.

The Board has remanded the case due to a lack of clarity in determining whether the Veteran's service-connected disabilities interfere with his ability to dress, undress, feed himself, attend to the wants of nature, and protect himself from hazards. The Veteran is currently service connected for PTSD, DDD, hypothyroidism, strain left knee, strain right knee, degenerative changes in right hip, degenerative changes in left hip, and cervical spine issues.

The claims of entitlement to service connection for right ankle arthritis, left ankle arthritis, right elbow disorder, left elbow disorder, right wrist disorder, and left wrist disorder have been reopened.,The claim of entitlement to service connection for cervical spine disability has been reopened.,The claim of entitlement to service connection for lumbar spine disability has been reopened.,The claim of entitlement to service connection for left rib disability has been reopened.

The Board has remanded the claims for a right knee disability, left knee disability, bilateral shoulder disorders, and back disorder due to in-service injuries. The Veteran's reports of symptoms since service are considered, but an addendum opinion is needed to address whether his current conditions are related to his military service.

The Board has denied service connection for a lumbar spine disability and a cervical spine disability, to include neuropathy, as the evidence does not support that these conditions were incurred in or caused by active service.

The Board has determined that a remand is necessary due to the inadequacy of the May 2018 VA examination report, which did not fully address the duration of any incapacitating episodes caused by intervertebral disc syndrome (IDVS) and degenerative arthritis of the thoracolumbar spine. The Veteran's claim for a rating in excess of 20 percent for his spine disability is now remanded.

The Veteran's claims for increased ratings of his thoracolumbar degenerative arthritis and disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and right shoulder degenerative joint disease with strain are being remanded due to the need for additional examinations and evaluations.

The Veteran's initial claim for a higher rating for his back disability was denied. However, the RO later granted an increased rating to 40 percent effective January 21, 2020.

The Veteran's initial compensable rating for allergic rhinitis, increased rating for cervical strain, and increased rating for lumbar strain have been denied. The issue of separate ratings for radiculopathy of the bilateral upper and lower extremities is remanded.