Back / lumbar spine decisions — 2020

The Board has denied the Veteran's claim for service connection of a back disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they did not preclude him from securing and following substantially gainful employment.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic condition in service or within one year after separation. The Board also found that the current low back disability is not related to his service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings for PTSD and low back condition, as well as his claim for TDIU are being remanded due to the need for additional development of the evidence.

The Board has remanded the claims for service connection for a back disorder, left upper extremity cold injury/frostbite residuals, right upper extremity cold injury/frostbite residuals, psychiatric disorder (including PTSD, depression, and sleep disorder), initial disability rating greater than 10 percent for right foot-right big toe injury residuals, and total disability rating based on individual unemployability due to the need for further development of evidence.

The Board has remanded the Veteran's claims for an evaluation in excess of 20 and 40 percent for his service-connected lumbar spine and thoracic spine degenerative joint disease (DJD) due to inadequate examination reports.

The Board has remanded the Veteran's claims for an increased rating for his low back disability and for an earlier effective date for service connection of radiculopathy of the left lower extremity due to inadequate VA examinations in prior years.

The Veteran's claim for an increased rating in excess of 20 percent for low back degenerative joint disease and degenerative disc disease was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, nor favorable ankylosis of the entire thoracolumbar spine, which are required for a higher rating under VA's rating criteria.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's lumbar spine disorder is related to her military service, specifically during ACDUTRA.

The Veteran's claim for a higher rating for his back disability from November 13, 2018 onward is denied as there is no evidence of ankylosis or incapacitating episodes.

The Board has granted service connection for a lumbar spine disability and remanded the issue of service connection for a chronic vaginal condition.

The Board has found that there was not substantial compliance with the April 2019 remand directives and requires a new VA medical opinion to address whether the Veteran's low back condition preexisted service and if it was aggravated by service.

The Veteran's migraine headaches are rated at a maximum of 50 percent, which represents the highest schedular rating available. The cervical and thoracolumbar strain issues have been remanded for additional development.

The Veteran's claims for earlier effective dates and increased ratings have been dismissed.,A 50 percent disability rating, the maximum available, has been granted for chronic migraines.

The Veteran's PTSD is granted a 70 percent rating, service connection for low back disability, bilateral upper and lower extremity peripheral neuropathy (presumptive due to exposure to herbicide agents), and TDIU are all granted. Service connection for an eye condition is dismissed.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to increased ratings for his left and right foot disabilities, as well as service connection for a back disability. The RO must obtain VA treatment records from various facilities and attempt to obtain employment records from Overton Brooks VAMC.

The Board has determined that the Veteran's back condition was caused by active service and granted service connection for this disability.

The Veteran's claims for increased ratings for depressive disorder and lumbar stenosis and low back dysfunction were denied due to his failure to report for scheduled VA examinations.

The Board has denied a higher rating for the right shoulder disability and granted a separate 20 percent rating for limitation of range of motion. The lumbosacral strain issue was dismissed due to an untimely Notice of Disagreement, and service connection for the left shoulder disability is remanded due to a duty to assist error.

The Board has remanded the claims of an increased evaluation for service-connected low back disability and for entitlement to service connection for an acquired psychiatric disorder, including depression, PTSD, and anxiety. The Veteran's low back disability is being evaluated again due to inadequate examination findings, and his acquired psychiatric disorder is being evaluated again as it may be related to his service-connected low back disability.