Back / lumbar spine decisions — 2020

The Board has denied a higher evaluation for lumbosacral strain rated at 20 percent from April 20, 2009; 10 percent from March 1, 2011; and 20 percent from January 5, 2018.

The Board has remanded the Veteran's claims of service connection for various conditions, including degenerative disc disease of the lumbar spine, flat feet with inflammation, a right wrist condition, carpal tunnel syndrome, and sleep apnea. The case is being returned to VA for additional development.

The Veteran's disability ratings for his back condition have been denied as they do not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for COPD, chronic pleural effusion and fibrosis, residuals of malaria, a back disability, and hypertension due to presumed herbicide exposure during service. The Veteran is not precluded from establishing service connection with proof of direct causation.

The Board has found that another remand is necessary to ensure compliance with its previous remand instructions for VA examinations related to the Veteran's service connection claims.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's low back disability and its relation to service. The Veteran will need a new VA examination to provide more detailed rationale for his claims.

The Veteran's service-connected disabilities, including low back condition, left lower extremity radiculopathy, and tinnitus, rendered him unable to secure or maintain substantially gainful employment as of September 9, 2014. The effective date for the TDIU is set at this date.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's lower extremity peripheral neuropathy is at least as likely as not related to conceded herbicide exposure during service in Vietnam.

The Board has determined that the Veteran's current degenerative arthritis of the lumbar spine is proximately due to his service-connected bilateral knee disabilities, and thus grants service connection for this condition as secondary.

The Veteran's appeals for increased ratings and TDIU were denied. The decision found that the Veteran's bilateral hearing loss did not warrant a compensable rating, while his low back strain with degenerative changes was rated at 20 percent from May 1, 2007. The Veteran's claim for TDIU prior to November 6, 2013, was also denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities.

The Board has remanded the Veteran's claims for cervical, back, and right hip disorders due to additional development being required. The claims will be reviewed again with consideration of new evidence and in-service incidents.

The Board has decided to remand the Veteran's claim for service connection for multilevel degenerative disc disease and degenerative joint disease with radiculopathy due to inadequate reasoning in the previous VA medical opinion. The case is being sent back for a new addendum opinion from an orthopedic specialist.

The Board has granted service connection for a low back disability but denied service connection for a left hand disability.

The Board has dismissed the Veteran's claims for service connection of TBI, low back condition, and neck condition due to his withdrawal of these claims during a hearing.

The claim to reopen the service connection for an acquired psychiatric disorder is granted. The claims to reopen for bilateral knee disability and sleep apnea are denied. Service connection for an acquired psychiatric disorder is established, but not for bilateral knee or sleep apnea. An increased rating of 40 percent for a back disability is granted.

The Board denied service connection for a back disability and right foot disability, finding that the Veteran's current disabilities were not incurred in or related to his military service.,Specifically, the Board determined that there was no direct evidence of a back injury during service and found insufficient medical opinion supporting secondary service connection due to his service-connected right ankle disability.

The Veteran's claims for higher ratings for degenerative arthritis of the lumbar spine and right shoulder arthritis have been denied as his conditions do not warrant a rating higher than 20 percent.

The Board has remanded the Veteran's claims for a timely notice of disagreement to the December 2000 rating decision that reduced his back disorder rating and for entitlement to an earlier TDIU. The issues are inextricably intertwined.

The Veteran's service-connected disabilities prevented him from working in substantially gainful employment as of March 28, 2012. The Board granted TDIU effective March 28, 2012.