Back / lumbar spine decisions — 2020

The Veteran's low back disorder is currently rated at 40 percent effective November 1, 2018. The appeal seeks a rating in excess of this level and an earlier effective date.

The Board has remanded the Veteran's claims for increased ratings for her back and neck conditions, as well as her TDIU claim. The claims are being returned to obtain updated VA and private treatment records, conduct a new VA examination, and assess the severity of radiculopathy from March 24, 2009.

The Board found that the Veteran was insane at the time of misconduct leading to his bad conduct discharge, thus removing any statutory or regulatory bar to VA benefits.

The Veteran's lumbosacral strain was granted service connection. The right wrist and right knee conditions are remanded for further examination and opinion.

The Board has decided to remand the case due to inadequate examination and needs a new opinion regarding the etiology of the low back disorder.

The Board has remanded the Veteran's claims for service connection and increased rating due to failure to appear for VA examinations. The case is returned to the AOJ for further action.

The Veteran's service-connected degenerative disc disease of the lumbar spine with arthritis is currently rated at 10 percent prior to October 11, 2019 and at 20 percent on or after that date. The Board has determined additional development is needed due to a remand in a previous case.

The Board denied the Veteran's claims of service connection for bilateral hip and back conditions, finding that there was no evidence to support a link between these conditions and his military service or any service-connected disabilities.

The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no link between his current condition and active military service.

The Veteran's low back strain with DJD and IVDS is currently rated as 20 percent disabling. The case has been remanded for a new VA examination to assess the current level of severity of his disability, including pain during ROM testing.

The Veteran's right ankle arthritis is rated at 20 percent since the beginning of the appeal period. The left ankle arthritis is rated at 20 percent as of September 21, 2019. The low back disability remains rated at 40 percent.

The Veteran's claims for service connection for mid to low back disability and right knee disability have been denied as there is no credible evidence of a chronic condition in service or since, and the only competent opinion does not support a finding that current disabilities are related to service.

The Board has determined that the VA examinations conducted in December 2019 are inadequate and remanded for further development. The issues of service connection for lumbar spine disability, cervical spine disability, and cervical radiculopathy must be addressed with new examinations to determine the nature and likely cause of any disabilities present during the appeal period.

The Board has granted service connection for low back degenerative disc disease and strain, but denied service connection for bilateral foot disability.

The Board has decided to remand the case due to insufficient examination and qualification information, particularly regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran is required to provide documentation showing any and all known qualifications for the examiners in this case.

The Board has granted service connection for lumbar spine degenerative disc disease and spondylosis, radiculopathy of the left lower extremity, and an initial rating of 20 percent for a low back condition. The effective date is not specified.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, alcohol use disorder, and gambling disorder, are sufficient to render him unemployable without regard to his age or any nonservice-connected disorders. The Board has granted TDIU.

The Board has remanded the Veteran's claims for additional development, including obtaining an addendum opinion regarding whether his current acquired psychiatric disorder and cervical spine disability are related to service.

The Veteran's claims for increased ratings for left and right knee disabilities, as well as a lumbar spine disability prior to October 10, 2018, are denied. The Board found that the evidence did not support an increase in rating beyond 10 percent.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining gainful employment, and a TDIU is granted from September 28, 2010 to June 30, 2015.