Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, thus meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence to support a link between his current condition and his military service.

Service connection for PTSD is granted. Initial disability ratings in excess of 10 percent are denied for left upper extremity radiculopathy, lumbar spine disability, and cervical spine disability.

The Board has determined that the VA examinations for the Veteran's cervical and lumbar spine disabilities were inadequate due to not fully complying with Correia v. McDonald, 28 Vet. App. 158 (2016), and thus remanded these claims.

The Board has remanded the claims of service connection for muscle spasms (low back condition), dizziness, ulcers, sinusitis, chest pain, and rhinitis due to incomplete or insufficient medical opinions. The Veteran's claims are being returned to the RO for further development.

The Board has denied a higher rating for the Veteran's degenerative arthritis of the lumbar spine and granted service connection for radiculopathy of both lower extremities as secondary to his service-connected lumbar spine disability. The TDIU claim is remanded due to incomplete information provided by the Veteran.

The Board has granted service connection for major depressive disorder and diabetic peripheral neuropathy of the bilateral lower extremities as secondary to service-connected diabetes. Service connection was denied for a low back condition and a bilateral knee condition.

The Veteran's appeal for an increased rating for PTSD was withdrawn. The Board granted a TDIU based on the Veteran’s service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment. The appeals for increased ratings for radiculopathy of the left upper extremity and degenerative disc disease of the cervical spine are remanded.

The Veteran's bilateral eye condition, back condition, left ankle condition, and right ankle condition have been denied. The Veteran was granted a 10% rating for his left hip strain (residual of partial rupture, left hamstring) effective March 5, 2020.,Bilateral hearing loss has been denied prior to August 17, 2016 and granted from that date onwards.

The Veteran withdrew his appeal regarding the claim of service connection for a lower back condition before the Board could make a decision.

The Board denied the Veteran's claim for service connection for degenerative disc disease of lumbosacral spine, finding that there was no direct link between his current condition and an in-service injury. The preponderance of evidence did not support a finding that the disability began during service or is otherwise related to an in-service event.

The Board has decided to remand the case due to insufficient medical evidence regarding the relationship between the Veteran's current low back disability and his service. The VA needs to obtain updated treatment records, particularly from post-service surgeries, and provide an opinion on whether the Veteran's current condition is related to his in-service treatment.

The Veteran's service-connected thoracolumbar strain is currently rated at 10 percent, but the evidence does not support a higher rating as his range of motion and symptoms do not meet the criteria for a higher evaluation.

The Veteran's PTSD symptoms cause occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks.,Low back strain with degenerative changes causes loss of forward flexion to 90 degrees prior to September 20, 2019 and to 60 degrees thereafter.

The Board has remanded the claim for service connection for a back disorder due to insufficient consideration of the Veteran's statements and medical history, as well as outstanding VA treatment records. A new VA examination is required.

The Veteran's claims for service connection for an acquired psychiatric disorder and a low back disability have been reopened due to the submission of new and material evidence. However, these claims are still pending as they were remanded by the Board.

The Board has remanded the Veteran's claims for further action due to insufficient examination reports and new evidence submitted by the Veteran.

The Board has dismissed the issues of service connection for DDD of the lumbar spine, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity due to lack of a timely appeal.

The Veteran's low back disability is currently rated at 20 percent prior to June 20, 2014 and he seeks a higher rating. The Board has remanded the case for further development including obtaining private treatment records.

The Board has granted service connection for lumbosacral spondylosis and degenerative disc disease (back disability) as well as right leg disability. The decision is based on the Veteran's credible statements of continuous back and right leg pain since service.