Back / lumbar spine decisions — 2020

The Board has decided that a remand is necessary to ensure proper development of the Veteran's claim for service connection for degenerative disc disease (DDD) of the thoracolumbar and cervical spine with sensory neuropathy and radiculopathy, including as due to exposure to environmental hazards in the Gulf War.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Orange Park Medical Center on May 13, 2015 due to lack of emergency condition and feasible availability of VA facilities.

The Veteran's appeals for increased disability ratings were denied as her conditions did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his lumbar spine disability, service connection for right lower extremity disorder, right hip disorder, right knee disorder, and right ankle disorder, as well as service connection for an acquired psychiatric disorder. The Veteran will need to undergo VA examinations to determine the nature and etiology of these conditions.

The Veteran's thoracolumbar spine degenerative joint disease has been granted increased ratings of 40 percent from January 31, 2012 through September 16, 2012 and since January 6, 2020. The rating remains denied for the period October 1, 2013 through January 5, 2020.

The Veteran's claimed conditions, including kidney disorder, heart disorders, peripheral vascular diseases of various extremities, hypertension, and back disability, were not found to be service-connected due to lack of evidence linking these conditions to his military service.

The Board has remanded the cases due to lack of substantial compliance with previous directives and incomplete rationale in the medical opinions provided. The Veteran's disabilities are being reviewed again for a more thorough examination and opinion.

The Veteran's petition to reopen the previously denied claim for service connection for frostbite, left foot was denied. The Board found that there is no current diagnosis of frostbite and has not had one at any time during the pendency of the claim or recent to the filing of the claim.

The Board has remanded the claims of service connection for left ankle and low back disabilities due to insufficient medical opinions regarding their etiology. The Veteran's reports of injuries during service are considered credible.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's lumbar spine disability was aggravated by his second period of active duty service from July 2010 to May 2011. The examiner needs to provide a detailed opinion on this issue.

The Board has decided to remand the claims for service connection due to issues related to the Appellant's period of active duty from September 1995 to July 1998, and additional development is needed to clarify his post-discharge service.

The Board has remanded the issues of service connection for various types of arthritis, including left shoulder, right shoulder, jaw, left leg, and right leg arthritis. The Veteran was exposed to herbicide agents while stationed on Okinawa and may have been exposed to other toxic substances during his service.

The Veteran's service-connected disabilities, including his cervical spine strain and adjustment disorder with depressed mood, have prevented him from securing or following substantially gainful employment prior to August 16, 2012. The Board has determined that the evidence is at least in equipoise that he was unable to do so.

The Veteran's left hand disability, hypertension, and psychiatric disability are not service-connected.,Service connection for a back disability is also denied.

The Board denied service connection for a bilateral knee disability and found that the Veteran's back disability did not warrant a rating in excess of 10 percent before June 3, 2019. The claim was granted with a 40 percent rating thereafter.

The Board has remanded the Veteran's claims for additional development due to incomplete compliance with prior remand instructions. The Veteran is required to provide updated private treatment records and VA outpatient treatment records, as well as undergo medical examinations.

The Board has determined that additional examinations and clarification are needed to properly evaluate the Veteran's back disability, including radiculopathy of the left lower extremity sciatic nerve, left lower extremity anterior crural (femoral) nerve, and right lower extremity anterior crural (femoral) nerves. The rating for the back disability is also remanded.

The Board has determined that the Veteran's lower back disability, diagnosed as degenerative disc disease of the lumbar spine, is related to her service and granted service connection for this condition.

The Veteran's appeals for service connection of low back condition and sleep apnea have been dismissed due to the death of the Veteran prior to a Board decision.

The Board has determined that the VA did not substantially comply with its June 2020 remand directives and thus, the claims are being returned to the RO for corrective action. Specifically, a VA examination is needed to determine if the Veteran has a joint pain disability or functional impairment of his joints related to service-connected pes planus, and an addendum opinion is required regarding whether the lumbar spine disability is proximately due to or aggravated by service-connected pes planus.