Back / lumbar spine decisions — 2020

The Board has decided to remand the claims for service connection for various spinal and joint disorders, as the provided medical opinions are inadequate. The matter must be reconsidered with new evidence and a more detailed opinion.

The Veteran's appeal for higher ratings on his depressive disorder, left knee, left shoulder, and lumbar spine disabilities is being remanded due to the need for more contemporaneous examinations.

The Veteran's claim for service connection of a low back condition is granted. The Board also remanded the cases for increased ratings for limitation of extension of both hips.

The Board denied a rating in excess of 20 percent for the Veteran's lumbosacral spondylosis, finding that the evidence did not show forward flexion of less than 30 degrees or ankylosis.

The Veteran's service-connected disabilities, including PTSD, low back disability, neck disability, right shoulder degenerative arthritis, peripheral neuropathy, and dermatitis, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU effective the date after his last day of work.

The Board has denied service connection for hemorrhoids and remanded the claims for increased ratings of low back disability and bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings for his back disability and associated bilateral lower extremity radiculopathy have been denied. The rating for degenerative disc and joint disease of the lumbar spine is denied as it does not result in unfavorable ankylosis or incapacitating episodes. The rating for radiculopathy of the right lower extremity is also denied, as there are no incapacitating episodes meeting the criteria for a higher rating.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted a TDIU based on this.

The Board has remanded the Veteran's claims for a higher rating in excess of 50 percent for PTSD and for TDIU due to service-connected disabilities. The VA must obtain all outstanding VA treatment records, including those scanned into the imaging system.

The Board has determined that the VA examination did not address whether each diagnosed low back condition since 2009 is related to an in-service injury or disease, and if any are secondary to a service-connected knee disability. Additional development is needed.

The Veteran withdrew his appeal in July 2020, indicating satisfaction with the decision.

The Board has remanded the claim of service connection for a back condition due to insufficient consideration of lay assertions and lack of medical evidence linking the condition to service.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected left ankle disability alone does not prevent him from obtaining and maintaining substantially gainful employment.

The Board denied service connection for tinnitus, low back disorder, right leg disorder, left leg disorder, sleep disorder (to include sleep apnea), right hip disorder, and left hip disorder. The Board found that the Veteran's current conditions did not have their onset during service or were otherwise related to service.,The Board also denied service connection for a psychiatric condition in a separate decision.

The Veteran's service-connected degenerative joint and disc disease of the lumbar spine and degenerative joint disease of the cervical spine prevented him from obtaining and retaining substantially gainful employment for which his education and occupational experience would have otherwise qualified him.

The Board has granted service connection for the Veteran's low back and neck disabilities, finding that it is at least as likely as not related to his military service.

The Board has decided to remand the Veteran's claims for bilateral pes planus and a back condition due to the need for additional medical examinations to determine the nature and etiology of these conditions.

The Veteran's cervical spine disability is granted at a 20 percent rating, effective from the date of the decision. The Veteran's PTSD and COPD are denied with ratings in excess of 10 percent prior to June 13, 2019, and in excess of 50 percent thereafter for PTSD, and in excess of 20 percent and 30 percent respectively for COPD. The Veteran's lumbar spine disability is remanded.

The Veteran's service-connected lumbar spine disorder is rated at 40 percent for the period from May 7, 2012 to September 29, 2016.