Back / lumbar spine decisions — 2020

The Board denied service connection for lumbar and cervical spine disabilities, finding that the evidence did not establish a nexus to service or any presumptive conditions.

The Board has remanded the service connection claims for a lumbar spine disorder, right knee disorder, and bilateral hip disorder due to their potential secondary relationship with the Veteran's service-connected left knee disability.

The Veteran's skin disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board found no causal relationship between the Veteran’s skin disability and his service, including exposure to Agent Orange. The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, but does not meet the schedular criteria for TDIU as of August 20, 2009.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's thoracolumbar disability is related to his in-service motor vehicle accident. The VA examiner must address the May 2019 private physician's opinion and the Veteran's testimony about back pain after discharge from the hospital.

The Veteran's appeal is remanded due to inadequate VA examination for his service-connected thoracolumbar spine disability and radiculopathy of the right lower extremity. Additional development, including a new VA examination, is needed.

The Veteran's service-connected disabilities, including TBI with depressive disorder NOS and PTSD, render him unable to secure or follow a substantially gainful occupation. The Board has determined that the combined effects of his service-connected conditions make it impossible for him to work.

The Veteran's compression fracture of the thoracic spine was granted a 40% disability rating effective October 7, 2019. The initial rating from June 10, 2010 to February 26, 2014 was denied.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his TDIU claim is denied.

The Veteran's increased ratings for his back disability and bilateral hearing loss remain on appeal, while the TDIU claim is remanded.

The claims for service connection for right and left hip disabilities, low back disability, acquired psychiatric disability (including PTSD and depression), and sleep apnea have been dismissed due to the Veteran not timely initiating an appeal with respect to the June 2014 denial of these claims.

The Board has dismissed all claims for increased disability ratings as the appellant died during the appeal process.

The Board denied service connection for a cervical spine disability and denied entitlement to an evaluation in excess of 40 percent for degenerative disc disease of the lumbar spine. The Board also denied entitlement to a total rating based on individual employability due to service-connected disabilities prior to November 22, 2010 and denied entitlement to an effective date prior to November 22, 2010 for the grant of basic eligibility for Dependents’ Educational Assistance (DEA) under Chapter 35.

The Board has granted the Veteran's claim for service connection for lumbar strain with sciatica, finding that his current condition is related to an in-service injury and thus meeting the criteria for service connection.

The Board has remanded the claims for increased ratings of neuritis of the right and left sciatic nerves, as well as degenerative joint disease of the lumbar spine due to procedural errors in the most recent supplemental statement of the case.

The Veteran's claims for service connection and initial rating have been remanded due to the need for additional evidence, including updated medical records, personnel records, and verification of in-service events.

The Board has determined that the claims for increased evaluations of postoperative residuals, fracture, left navicular wrist; low back pain with degenerative arthritis; and degenerative arthritis of the thoracic spine need to be remanded due to deficiencies in the examination reports. The TDIU claim is also remanded as it is intertwined with the other issues.

The Board has remanded the cases for further development and to obtain new medical opinions regarding the Veteran's low back and bilateral hip disabilities, as well as their relationship to service-connected knee disabilities. The claims are currently pending.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's lumbar spine disability is related to service or secondary to his service-connected heel spurs.

The Veteran's appeal for an increased disability rating for degenerative arthritis of the lumbar spine in excess of 10 percent from September 1, 2013 has been dismissed as he requested withdrawal of this issue.

The Veteran's bilateral pes planus and post-operative right hip disability have been granted service connection. The lumbar spine disability is denied as not related to service. Right knee and left knee disabilities are partially granted with various ratings.