Back / lumbar spine decisions — 2020

The Veteran's service-connected conditions rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, leading to the grant of a total disability rating for compensation based on unemployability due to service-connected disabilities.

The Veteran's TDIU claim is remanded due to the need for updated VA treatment records and a VA examination. The case will also be referred to the Director of Compensation and Pension Service if the Veteran does not meet criteria for TDIU under §4.16(a).

The Board denied the Veteran's claim for service connection of degenerative disc disease (DDD) of the cervical spine, finding that there was no evidence to support an in-service injury or aggravation and that any current condition is not related to his military service.

The Board has denied service connection for a low back disorder and granted a 20% rating for bilateral dry eye syndrome with punctate epithelial erosions. The issues of service connection for fatigue and memory loss are remanded.,Further investigation is needed to determine the nature and cause of the Veteran's symptoms, including whether they are related to his service-connected conditions or other factors.

The Veteran's claim for an effective date prior to November 9, 2009 for service connection for lumbar stenosis was denied.,The Veteran's appeal regarding the correct amount of retroactive benefits following the November 2014 rating decision was also denied.

The Board has remanded the Veteran's claims for service connection for back, left hip, right hip, tremors (also claimed as nerves and shakes), and hypertension disabilities due to incomplete development of records and need for additional medical opinions.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right lower extremity radiculopathy prior to December 18, 2009 and entitlement to TDIU prior to July 23, 2009 due to insufficient information regarding the severity of his radiculopathy. Additional development is needed including a VA medical opinion on the severity of his right lower extremity radiculopathy for the period prior to December 18, 2009 and an assessment of the significance of his use of Gabapentin.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities have been granted a rating, with the lumbar spine receiving a 40% rating.

The Board has remanded the cases due to incomplete medical opinions and potential service connection for a low back condition, which could affect the left leg neuropathy claim.

The Board has granted service connection for degenerative arthritis and disc damage of the lumbar spine, but has remanded the issue of service connection for neurogenic bladder due to conflicting opinions regarding its etiology.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further development. The service connection claims are based on direct evidence of a condition related to military service.

The Veteran's claim for a higher disability rating for thoracolumbar spine strain is remanded due to inadequate examination findings and the need for further development.

Service connection is granted for low back arthritis and degenerative disc disease with associated bilateral lower extremity radiculopathy. Service connection is also granted for an unspecified depressive disorder with anxiety as secondary to service-connected conditions, but PTSD remains denied.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and sinusitis, finding that there was no evidence of chronicity of symptoms since separation from service.,The Veteran's current sinusitis disability is currently diagnosed as allergic rhinitis and acute sinusitis.

The Board has denied service connection for cervical spine, lumbar spine, left knee, right knee, and left ankle disabilities due to a lack of evidence showing these conditions began during active service or are otherwise related to an in-service injury or disease.,Service records do not show any treatment or diagnoses related to the claimed disabilities. The Veteran's assertions about his military activities causing his current symptoms have been found insufficient by VA examiners.

The Board has remanded the Veteran's claims for service connection for bilateral ankle, low back, left knee, and right knee disabilities due to inadequate VA examination and incomplete STRs. The RO is instructed to attempt to obtain missing STRs from all periods of active duty through official sources and potential repositories. They are also asked to provide the Veteran with another opportunity to authorize release of outstanding private treatment records.

The Board has remanded the cases due to insufficient VA medical opinions regarding the Veteran's bilateral foot disability and low back disability. The claims are inextricably intertwined, so both must be addressed together.

The Veteran's claims for increased ratings were denied, while his service connection claims and SMC based on need for regular aid and attendance were remanded.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied an increased evaluation for the Veteran's service-connected low back disability and left sciatic nerve disability on an extraschedular basis, finding that the severity of these disabilities does not warrant such a rating.