Back / lumbar spine decisions — 2020

The Board has remanded the service connection and TDIU issues due to insufficient nexus opinions provided by an orthopedist.

The Board has granted a 40 percent rating for the Veteran's low back disability, including intervertebral disc syndrome, effective January 16, 2014.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation, and the Board has granted TDIU benefits.

The Board has granted service connection for hypertension and remanded the remaining issues due to insufficient evidence.

The Board has granted service connection for schizophrenia. The cases of back and left knee disabilities are remanded due to inadequate medical opinions.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The appeals are REMANDED as there is insufficient evidence to decide these claims at this time.

The Board has remanded the case due to inadequate discussion of functional loss and pain during flare-ups, requiring a retrospective opinion.

The Veteran's service-connected disabilities do not result in the need for regular aid and attendance of another person, as he is capable of performing daily living tasks without assistance.

The Board has granted a TDIU effective November 22, 2010. The issue of an increased rating for low back strain remains pending and requires further examination.

The Veteran's cervical and lumbar spine disabilities, as well as his sciatica, were denied increased disability ratings. The current ratings are 10% for the cervical spine prior to January 9, 2020, and 20% since then; and 10% for the lumbar spine.

The Board denied service connection for bilateral hearing loss, tinnitus, chronic lumbar spine disorder, chronic cervical spine disorder, and chronic knee disorders due to lack of evidence showing a link between these conditions and the Veteran's active service.

The Veteran's claim for an initial increased rating in excess of 40 percent prior to November 24, 2015 was denied.,The Veteran's claim for an increased rating in excess of 40 percent after January 1, 2016 to November 2, 2016 was denied.,A temporary total convalescent rating under the provisions of 38 C.F.R. § 4.30 based on a November 2, 2016 back surgery for the period from November 2, 2016 to December 31, 2016 was granted.,The Veteran's claim for an increased rating in excess of 40 percent after January 1, 2017 has not been met.

The Board has remanded the cases due to inadequate VA examinations and failure to address continuity of symptomatology in the decision. The Veteran will need new VA examinations for his right knee, left wrist, and low back disabilities.

The Board has remanded the Veteran's claims for service connection due to inadequate examination reports and other procedural issues.

The Veteran's service-connected chronic lumbar strain is currently rated at 40 percent, but the Board finds that his symptoms do not warrant a higher rating as he does not have ankylosis of the spine.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lumbar spine disability, PTSD, rhinitis/sinusitis, a nasal disorder other than rhinitis/sinusitis, and OSA.

The Board denied service connection for left shoulder, right shoulder, cervical spine, and thoracolumbar spine disabilities due to a lack of evidence showing these conditions were incurred in or are otherwise causally related to service.,The appellant's service treatment records did not document the reported injuries, and post-service private clinical records attributed his current disabilities to work-related causes.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient evidence in previous examinations, outstanding treatment records, and issues related to the onset and severity of his service-connected disabilities.

The Veteran's back disability and right lower extremity radiculopathy are not rated higher than the current levels.,The Veteran’s right knee disability is remanded for further evaluation.

The Veteran's TDIU and DEA benefits are granted for the period from April 27, 2009 to May 31, 2010. The periods prior to April 27, 2009 and from June 1, 2010 to February 28, 2012 are remanded for extraschedular consideration.