Back / lumbar spine decisions — 2020

The Veteran's initial claim for a higher rating for his degenerative disc disease of the thoracolumbar spine was denied prior to July 21, 2019.,The Veteran's claim for an increased rating from July 21, 2019, was also denied.

The Board has determined that the VA examinations conducted in March 2019 were inadequate and remanded for further development. The Veteran's cervical and lumbar spine disabilities are still on appeal.

The Veteran's right leg radiculopathy is now rated at 20 percent, while his left leg radiculopathy remains at 10 percent. The lumbar spine disability continues to be rated at 40 percent after July 17, 2017.

The Board has decided to remand the case due to issues with scheduling a VA examination and obtaining medical records. The Veteran's current lumbar spine disability is being reviewed for possible service connection.

The Board has granted service connection for a back disability, finding that the Veteran's current back condition is related to his active military service. Service connection was denied for a cervical spine disability due to lack of evidence linking it to service.

The Board has determined that there was not substantial compliance with the November 2019 remand directives and has therefore ordered further development for several issues, including service connection for right hip disability, left hip disability, back disability, and headaches.

The Veteran was found to be unemployable due to service-connected disabilities from February 7, 2007 to July 11, 2008.

The Board has granted service connection for degenerative disc disease of the cervical spine and a left upper extremity neurological disability, finding that both conditions were aggravated by active duty for training. The Veteran's now-service-connected cervical spine condition is found to have caused his current left upper extremity neurological disability.

The Veteran's service-connected disabilities, including PTSD, IBS, low back disorder, lumbar radiculopathy, left knee strain, and residuals of left ankle fracture, prevent him from securing or following substantially gainful employment. The Board has granted TDIU.

The Board has remanded the claims of service connection for a back disability, an acquired psychiatric disorder (adjustment disorder with depressed mood), and a left leg disability due to incomplete development. The Veteran's representative contends that additional records are needed from his entire period of verified active duty service.

The Board has remanded the Veteran's claims for service connection due to insufficient efforts in obtaining medical records from military hospitals in Germany and India, particularly those related to his treatment as a dependent during the relevant time frame.

The Board has remanded the veteran's claims for service connection due to a lack of VA and private treatment records, as well as verification of his ACDUTRA dates. The appellant is also required to undergo VA examinations to determine the nature and etiology of his claimed back, bilateral knee, and cervical spine disorders.

The Veteran's claim for a higher rating for his service-connected DJD of the lumbosacral spine has been granted, with a final effective date of August 17, 2020. Additionally, an initial rating of 10 percent for residuals of a right fourth metacarpal fracture has also been granted.

The Board has determined that further development is necessary for the Veteran's claims of service connection for thoracolumbar disc herniation and left elbow status post fracture, as additional information regarding flare-ups and functional loss during such events is required.

The Board has remanded the case for additional development, including obtaining addendum opinions from VA examiners regarding service connection for lumbar and cervical spine disorders. The issues are to be addressed in light of the Veteran's reported back pain over the years since service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection due to his service-connected bilateral knee disability.

The Veteran's claim for a TDIU on an extraschedular basis is remanded due to the need for additional SSA records and referral to the Director of Compensation Service.

The disability rating for diabetes mellitus and lumbar strain is restored to their previous levels.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy disabilities were denied increased ratings.,A rating in excess of the assigned 10 percent for a lumbar spine disability prior to August 14, 2019 was not granted. A rating in excess of the assigned 20 percent for a lumbar spine disability since August 14, 2019 was also denied.,Ratings in excess of the assigned 10 percent for right and left lower extremity radiculopathy disabilities were also denied.

The Veteran's claim for a higher initial rating for her service-connected back disability was denied. The current rating of 40 percent is not sufficient to meet the criteria for an increased rating.