Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for neck disability, low back disability, right upper extremity numbness, left upper extremity numbness, and headaches due to insufficient evidence. The Veteran is advised to provide medical records from his service period and a lay statement supporting his claims.

The Board denied the Veteran's claim for a higher evaluation for his degenerative joint disease of the lumbar spine, finding that the current 20 percent evaluation is appropriate as there was no ankylosis and no limitation of motion more closely approximating the criteria for the higher 40 percent evaluation.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and medical opinions. The issues of hearing loss, tinnitus, traumatic arthritis of the left knee, partial loss and use of lower extremity, low back pain, right knee pain and stiffness associated with traumatic osteoarthritis of the left knee, anxiety disorder, a pain disorder, and major depressive disorder are being remanded for further development. The denial of service connection for PTSD remains unchanged.

The Veteran's claims for higher ratings for his back, right lower extremity radiculopathy, left knee, and right knee disabilities have been denied. His claim for a higher rating for his bilateral foot disability prior to October 27, 2016 has also been denied.

The Board has remanded the claims for service connection for lower back, right knee, and right hip disabilities, as well as radiculopathies of the right and left lower extremities. The remand is due to concerns about the adequacy of a previous VA examiner's opinion regarding the etiology of these conditions.

The Veteran's claim for service connection for ADHD has been reopened and is granted.,Service connection for ADHD is denied as the evidence does not support a finding that it is related to military service.

The Board denied the Veteran's claims for service connection for right foot, left foot, right ankle, and left ankle disabilities. The claim for back disability was also denied as there is no current diagnosis of a back disability related to active service.

The Board has determined that the VA examination conducted in November 2019 was inadequate and did not fully address the Veteran's claims. The case is being remanded to obtain a new opinion from a qualified clinician regarding whether the Veteran’s service-connected disabilities are causally related to his obstructive sleep apnea.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for lumbar spine intervertebral disc syndrome and total disability rating based on individual unemployability due to inadequate VA examination findings. The issues are also inextricably intertwined.

The Board has granted service connection for lumbar spine, left knee, residuals of a gunshot wound to the left hand, and right leg disabilities. The claims are based on direct evidence rather than presumptions or secondary theories.

The Board has remanded the case due to inadequate VA examination, requiring another examination and additional records.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's thoracic spine condition and lumbar spine condition. The claim will be reviewed again with new medical opinions.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disability, a lumbosacral spine disability, hypertension, and a cardiac disability. The evidence did not support these claims as they were not related to active service.

The Board has remanded the claims of service connection for left knee disability, low back disorder, bilateral hearing loss disorder, tinnitus, PTSD, and an acquired psychiatric disorder due to their complexity or need for additional development.

The Board has remanded the Veteran's claims for bilateral eye scars, cervical spine injury, left knee injury, right knee injury, lumbar spine injury, and right hip injury due to inadequate examinations.

The Board has reopened the Veteran's claims for service connection for cervical strain, lumbar strain, arthritis of the cervical spine, and arthritis of the lumbar spine. The claims are remanded due to conflicting medical evidence regarding the existence of current disabilities and the need for a new VA examination.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that her current condition did not have its onset during active service and is not otherwise related to active service.

The Board has remanded the claims for service connection for right shoulder, cervical spine, and lumbar spine conditions due to insufficient evidence in the record. The TDIU claim is also remanded as it is intertwined with these issues.

The Board has remanded the Veteran's claims for additional development due to inconsistencies in the rating criteria and need for an addendum opinion from a VA orthopedic spine specialist. The issues include evaluating his lumbar degenerative disc disease, determining if he is entitled to TDIU prior to November 17, 2014, and addressing service connection.

The Veteran's service-connected back disability rendered him unable to secure and follow a substantially gainful occupation from April 30, 2010 to July 7, 2010. The Board granted TDIU on an extraschedular basis for this period.