Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection due to insufficient evidence and unclear etiology. The Veteran's lumbar and cervical spine disabilities, as well as his peripheral neuropathy, are presumed to be related to Agent Orange exposure in Vietnam.

The Veteran's claim for a higher rating for seborrheic dermatitis remains pending and will be remanded to allow for further development.,The Veteran's claim for service connection for a back disability is also pending and will be remanded due to inadequate examination.

The Board has remanded the claims for cervical spine disability, lumbosacral spine disability, headaches, depression, and penis disability (ED) due to inadequate development. The claims are being returned for further examination and consideration.

The Board has granted service connection for hearing loss in the right ear. The other issues have been remanded due to incomplete or insufficient evidence.

The Board has remanded the Veteran's claims of service connection for urinary disability, bilateral leg neurological disabilities including peripheral neuropathy, bilateral knee disorders, and bilateral hip disorders due to potential legal changes in how aggravation is evaluated.

The Board has denied service connection for a back disorder, including spina bifida occulta, lumbosacral strain, and multilevel degenerative disc disease with facet arthritis. The cardiac disorder appeal was also denied.

The Veteran's right shoulder disability is currently rated as 20 percent disabling. The Board has remanded the issues of service connection for a right ring finger condition, low back condition, and right lower extremity neuropathy due to lack of medical evidence supporting these claims.

The Veteran's back disability has not resulted in forward flexion functionally limited to 30 degrees or fewer, ankylosis, or IVDS. Therefore, a rating in excess of 20 percent for the Veteran's back disability is denied.

The Veteran's thoracolumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating of 40 percent should be granted due to limitations in forward flexion.

The Board has remanded the Veteran's claims for additional development to obtain VA medical opinions regarding his lumbar spine and bilateral hip disabilities. The claims are being returned for further action.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims for increased ratings and earlier effective date for TDIU. The Veteran will be afforded VA examinations to assess the severity of his service-connected disabilities, including bilateral plantar fasciitis, chronic lumbosacral strain, left knee strain with degenerative joint disease, and right knee degenerative changes.

The Board has remanded the issue of whether the Veteran's current neck disability is related to his service, including a potential fall or heavy lifting during service.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, so he is not entitled to a total disability rating based on individual unemployability (TDIU).

The Board has remanded the issues of service connection for a low back disability, left knee disability, and tinnitus due to potential VA failure to comply with its duty to assist. The Veteran is asked to provide information about his medical history and any relevant lay statements.

The Board has remanded the Veteran's claims of higher staged ratings for degenerative arthritis of the spine, right-sided sciatica, and left-sided sciatica due to a lack of adequate reasons and bases in the previous decision. The Board found that a VA examination is necessary before these matters can be adjudicated on the merits.

The Board has remanded the Veteran's claims for left shoulder, lower back, rib, and neck conditions due to inadequate previous VA examinations.

The Veteran's service-connected disabilities did not render him unemployable prior to December 21, 2015. The Board found that the Veteran could perform sedentary work and was not precluded from performing a position where moderate to heavy labor is not required.

The Board has granted service connection for right knee disability. Service connection is remanded for left shoulder, cervical spine, and lumbar spine disabilities.

The Board has determined that the Veteran's lumbar spine disability, diagnosed as degenerative arthritis of the spine and radiculopathy, is service-connected. However, his eye disability, believed to be related to chemical/smoke exposure during service in Vietnam, has not been established as service-connected.

A rating of 30 percent for acne is granted prior to July 20, 2019. The Veteran's claims for service connection for lumbar spine disorder and knee disorders are denied.