Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claim for service connection of a lumbar spine disability due to insufficient medical opinion and consideration of lay evidence.

The Veteran's claim for a higher rating for lumbar spine degenerative arthritis was denied as the current evaluation of 10 percent is considered adequate.,The initial 10 percent rating for left lower extremity radiculopathy from January 18, 2012 was granted. The Veteran’s actinic keratosis claim was also granted due to service connection being reopened on new evidence.

The Board has remanded the Veteran's claims for increased ratings of his lumbar spine, left shoulder, and right knee disabilities due to inadequate VA examinations in December 2016. The new VA examinations conducted in July 2019 did not address the Veteran’s reports of flare-ups, which were previously evaluated as inadequate. Additional opinions are needed regarding the severity, frequency, and duration of any flare-ups.

The Board denied service connection for low back, neck, right shoulder, left shoulder, right arm carpal tunnel syndrome, right knee, and left knee disorders. The Veteran's claims were also remanded for additional development regarding teeth grinding and sinusitis.,Service connection was not granted for a skin disorder due to lack of evidence linking the condition to service.

The Board denied the Veteran's claims for service connection for PTSD and TDIU. The decision found that there was no current diagnosis of PTSD, and thus could not grant service connection. For TDIU, the Board determined that the Veteran’s service-connected disabilities rendered him unemployable.

The Veteran's claims for increased evaluations and service connection have been remanded due to the need for additional development, including obtaining medical records and clarifying employment history.

The Board has reopened several service connection claims but denied others. The Veteran's PTSD with insomnia, depression, tinnitus, low back disability, and neuropathy of the upper and lower extremities are now granted. However, his hypertension, bilateral foot disabilities, sleep apnea, right and left upper and lower extremity neuropathies, and heart disability remain denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board found no evidence of a factually ascertainable increase in his disability within one year prior to his April 2014 claim. The appeal for an increased rating was denied.

The Board has remanded the cases of respiratory failure, lumbar spine disability, and discoid lupus for further development to determine their etiology.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is denied.,Service connection for right lower extremity radiculopathy is denied as it is not related to the service-connected lumbosacral strain.,The Veteran's claims for service connection for bilateral idiopathic neuropathy and an acquired psychiatric disorder (PTSD) are remanded, as well as his claim for TDIU.

The Veteran's claim for a rating greater than 20 percent for his back disability was denied. The Board also found that the Veteran is entitled to TDIU on an extraschedular basis from July 15, 2003.

The Board has remanded the claims for service connection and TDIU due to back disability because not all VA treatment records from March 2015 to January 2019 have been obtained. The AOJ is instructed to obtain these records.

The Veteran's claim for a higher rating for lumbar myositis is being remanded due to the need for further development and consideration of new evidence.

The Board has revised the December 12, 1996 rating decision to grant service connection for thoracic and lumbosacral spine disabilities effective October 10, 1996. The claim was reopened due to new evidence provided in 1996.

The Board has decided that the claims for service connection for a seizure disorder, back disability, and headache condition (to include as due to a seizure disorder) must be remanded due to inadequate examination reports and failure to obtain all relevant medical records.

The Veteran's erectile dysfunction is related to his service-connected acquired psychiatric condition.,His orchiodynia has been manifested by complaints of chronic pain, but no associated impairment of function.

The Veteran's lumbar spine disability is rated at 40 percent, but the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.

The Board denied service connection for lumbar spine disability and depression due to the Veteran's failure to report for VA examinations, as he did not provide good cause.

The Board has remanded the Veteran's claims of service connection for various knee, sciatica, and back disorders due to a lack of objective evidence supporting these conditions. The Veteran is required to undergo another VA examination to determine if her current symptoms are related to her military service.