Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims of service connection for low/middle back disability, left knee disability, right knee disability, leukemia, and sleep apnea due to insufficient evidence. Additional medical records are needed to determine if these conditions are related to active service or an injury during INACDUTRA.

The Veteran's claim for a higher rating for his low back disability is denied. The Board has also remanded the issue of whether he should be awarded separate compensation for neurological impairment secondary to his service-connected low back disability.

The Board found that the Veteran's low back disability did not begin during service or is otherwise related to an in-service injury, and thus denied his claim for service connection.

The Board has remanded the claims of service connection for a tailbone injury, left hip disorder, and low back disorder due to the Veteran's failure to attend scheduled VA examinations. The RO is instructed to verify the Veteran’s current mailing address and schedule new VA examinations.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's low back disability and her service. The examiner is asked to provide an opinion on whether it is at least as likely as not that the disability was incurred in or related to service, considering September 2014 x-ray reports indicating degeneration changes.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine with IVDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis have been rated. The 10% rating for degenerative disc disease of the lumbar spine with IVDS has been restored from January 13, 2020.

The Veteran's claims for service connection have been reopened and are now pending before the Board.

The Veteran's claim for TDIU was denied as he is currently employed and his service-connected disabilities do not prevent him from securing and following substantially gainful employment.

For the period from May 11, 2009 to October 12, 2012, the Veteran's lumbar spine degenerative arthritis was rated at 40 percent and right lower extremity radiculopathy at 10 percent.,Effective July 16, 2012, a separate 20 percent rating for right lower extremity radiculopathy was granted.

The Board has remanded the claim for a rating in excess of 40 percent for low back strain with degenerative changes due to inadequate examination and opinion regarding the severity of the Veteran's disability.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that it was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board also found that continuity of symptomatology is not established and that the low back disorder is not otherwise etiologically related to an in-service injury or disease.

The Board has remanded the cases for additional development due to incomplete VA opinions.

The Veteran's initial rating of 20 percent for cervical spine strain with DDD prior to April 6, 2017 is granted. However, the Veteran's request for a higher rating in excess of 20 percent from that date forward and his claims for service connection for left and right knee conditions are remanded due to additional development being required.

The Veteran's claims for an increased rating for his lumbar spine disability and TDIU prior to May 27, 2008 are being remanded due to the need for additional development including a VA examination.

The Veteran's degenerative joint disease of the lumbar spine is granted as service-connected.,Service connection for a respiratory disability due to asbestos exposure is denied.

The Veteran's service-connected Hashimoto's thyroiditis is granted a 60 percent rating, effective September 7, 2011. She also receives TDIU benefits.

The Board has denied the Veteran's claims for service connection for a skin disorder, sleep apnea, and an acquired psychiatric disorder. The low back disability claim is remanded.

The Board denied service connection for right shoulder, left shoulder, and back disabilities. The Veteran's current conditions are not considered to have been incurred during active duty or related to any in-service injury.,Service connection was also denied for an acquired psychiatric disorder (including PTSD). The evidence did not establish a link between the claimed stressor and current symptoms.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding her service connection claims and a separate rating for bladder impairment.

The Veteran's lumbar spine fusion, DDD and DJD is rated at 40 percent effective July 17, 2013.,Radiculopathy of the left lower extremity (LLE) prior to March 2, 2020, is rated at 20 percent effective July 17, 2013.,The Veteran's scar of the lumbar spine is not compensable.