Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection for left shoulder and low back disorders due to inadequate etiology opinions in previous VA examinations. The file will be reviewed by a similarly qualified examiner.

The Board has remanded the claims for service connection due to insufficient opinions and need for further examination. The Veteran's conditions include low back disability, cancer in the neck, throat, and lymph nodes, problems with stumbling and balance, and uncontrollable tremors and jerks in his hands. These issues are all related to secondary service connection.

The Veteran's bilateral pseudophakia and right eye corneal scar are granted service connection.,Weight loss is not a disability for VA compensation purposes, thus the claim is denied.

The Board has remanded several issues related to PTSD, scarring of the left hand and forehead/neck, low back disability, fragment wound to the neck, shell fragment wound to the forehead, and service connection for papillary adenocarcinoma of the thyroid. The SSOC issued in February 2020 did not include these issues.

The Veteran's appeal for higher ratings for major depressive disorder, lumbosacral strain, and onychomycosis of the bilateral feet was denied. The claim for a TDIU (Total Disability Rating Based on Individual Unemployability) due to service-connected disabilities was granted.

The appeal for the issues of entitlement to service connection for a low back disorder and an increased evaluation for bilateral hearing loss is remanded due to new evidence obtained during the appeal process.

The Veteran's claim for service connection for a back disorder was granted. The claim for service connection for acquired psychiatric disorders (including persistent depressive disorder, generalized anxiety disorder, and panic disorder) was also granted.

The Board has remanded the cases due to a lack of medical opinion regarding the relationship between the Veteran's cervical and lumbar spine disabilities and his service.

The Veteran's claim for service connection for major depressive disorder, secondary to his service-connected tinnitus, is granted. The other issues on appeal are remanded.

The appeal for TDIU has been withdrawn. Ratings have been granted for the Veteran's dorso lumbar spine and cervical spine disabilities, but these ratings are being remanded due to inadequate examination reports.

The Veteran's claims for higher ratings for right shoulder strain, left shoulder strain, and degenerative disc disease and degenerative joint disease of the lumbar spine have been denied. The current ratings are considered appropriate.

The Veteran's appeal is remanded for additional examinations and consideration of new evidence. The issues include service connection for a migraine headache disability and an increased rating for low back strain.

The Veteran's appeals regarding increased ratings for osteoarthritis of the right thumb and traumatic arthritis lumbar spine are being remanded to obtain additional medical records.

The Veteran's claim for service connection for lumbosacral strain was denied in 1974 and again in 1976. The decision became final after the Veteran did not appeal or submit new evidence within one year of each denial. The Veteran filed a new claim to reopen his back disability claim on May 9, 2016, which resulted in service connection being granted for lumbosacral strain. However, an effective date prior to May 9, 2016 is denied as there was no prior claim of service connection.

The Board has decided to remand the Veteran's claims for an initial rating in excess of 40 percent for service-connected back condition and entitlement to a total disability based on individual unemployability (TDIU) due to inadequate examination. The AOJ is required to provide the Veteran with an adequate VA examination regarding his service-connected back condition.

The Board has remanded the issue of service connection for a low back disability on a direct incurrence basis due to insufficient reasoning in the previous decision. The Veteran's credibility regarding his symptoms is now considered, and an addendum opinion must be obtained.

The Board has remanded the case due to non-compliance with previous remand directives regarding service connection for a back condition. The Veteran's testimony and lay statements have been found credible, but the VA examiner did not address this in their opinion.

The Veteran's claim for service connection for kidney stones is denied as there is no current diagnosis of a disability manifesting in kidney stones.,For the period prior to June 4, 2014 and from August 1, 2014, the Veteran’s cervical spine disability is manifested by forward flexion limited to 20 degrees; the evidence does not demonstrate unfavorable ankylosis of the cervical spine or incapacitating episodes requiring bed rest prescribed by a physician.,The criteria for a disability rating in excess of 20 percent for cervical spine disability from August 1, 2014 forward have not been satisfied.,For the period prior to November 21, 2019, the Veteran’s GERD symptoms included pyrosis and reflux; the criteria for an initial compensable disability rating prior to November 21, 2019, and in excess of 10 percent thereafter have not been satisfied.,For the period prior to April 7, 2014, the Veteran’s right elbow extensor tendon tear is manifested by flexion limited to 125 degrees; for the period from June 1, 2014, it is manifested by flexion to 95 degrees and pronation to 60 degrees.,The criteria for a disability rating in excess of 20 percent for right elbow extensor tendon tear with limitation of pronation have not been satisfied.,Service connection for the Veteran's right hip disability is remanded.

The Board has determined that the Veteran does not have a current diagnosis of dermal lupus and therefore denied service connection for this condition. The cases regarding TBI, low back pain, anxiety disorder, and fibromuscular dysplasia are remanded due to inadequacies in previous VA examinations.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his active duty service.