Back / lumbar spine decisions — 2020

The Veteran's claims for service connection and increased ratings were denied. Service connection was not established for a gastrointestinal disorder, and the Veteran did not meet criteria for an initial rating in excess of 10 percent for lumbar strain prior to July 10, 2019, or for degenerative arthritis, left hip from July 10, 2019.

The Board has determined that further development is necessary to obtain missing VA and private treatment records, translate relevant documents from Spanish, and provide the Veteran with a VA examination for his lumbar condition. The claims are being remanded.

The Board has denied service connection for radiculopathy of the left sciatic nerve and remanded the issue of service connection for a low back disability due to an oversight in previous examinations.

The Board dismissed the appeals for initial evaluations in excess of 20 percent and 30 percent for scars, service connection for obstructive sleep apnea (OSA), and service connection for lumbar spine disorder due to the death of the appellant.

The Board has remanded the claims of service connection for left knee and back disabilities due to insufficient examination findings regarding their relationship to service-connected psychiatric disorder.

The Veteran's claim for a higher rating for his lumbar spine disability was denied. The current rating of 20 percent is maintained as of October 5, 2019.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has remanded the case for further development, including obtaining a retrospective medical opinion to capture the severity of the Veteran's bilateral hip and low back disability prior to January 16, 2019.

The Board has decided to remand the cases of increased rating for back disability and TDIU due to the submission of new medical evidence. The claims will be reconsidered in a Supplemental Statement of the Case (SSOC).

The Veteran's claims for service connection for degenerative disc disease, cervical spine and right upper extremity radiculopathy have been denied. The Board found that the evidence did not show a relationship between these conditions and active service.,For the rating claim, the Veteran was granted a temporary total rating based on bilateral lumbar decompressive laminectomy surgery from January 1, 2009 to January 31, 2009. The Veteran's claims for effective dates have also been denied.

The Veteran's appeal of the increased rating for depression is dismissed as he has withdrawn his appeal.

The Board has remanded the case due to incomplete development of records related to whether the Veteran was required to pay for his medical expenses while incarcerated. The VA needs to obtain non-medical evidence from the Oklahoma Department of Corrections and other entities.

The Veteran's service-connected DJD of the thoracic and lumbar spine from October 20, 1979 to September 18, 2006 is denied a rating higher than 10 percent.,Initial compensable ratings are required for hypertension, migraines, and erectile dysfunction.,The Veteran's knee disabilities require initial compensable ratings.

The Board has remanded two issues: 1) the Veteran's claim for an initial rating in excess of 10 percent for her lumbar spine disability prior to October 4, 2019, and in excess of 20 percent thereafter; and 2) her claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity. The remand is due to inadequate examination findings and the need for a new VA examination.

The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no evidence of a current disability related to his active duty service.

The Board has found that there is no evidence of a skin disability or diabetes mellitus, type II, being related to service. The Veteran's acquired psychiatric disorder and low back disability are also not supported by the evidence presented.

The Veteran's lumbar spine disability and associated radiculopathies are rated at 40 percent since February 23, 2015. The rating for right lumbar radiculopathy was denied prior to this date, while the rating for left lumbar radiculopathy remains at 40 percent.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his service-connected left foot injury or if it developed as a result of active duty service. The VA examiner will need to provide an opinion on these issues.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and right hip disabilities due to inadequate VA examinations. The Veteran will need to provide updated treatment records, complete a form for private chiropractic care, and undergo new VA examinations.

The Veteran's appeal for increased ratings for his low back disorder is remanded due to the need for further development and evaluation of his condition.