Back / lumbar spine decisions — 2020

The Board denied service connection for a lumbar disorder, characterized as spondylosis and levoscoliosis. The Veteran's lumbar disorder was not incurred in or is otherwise related to active duty service.,The Board also denied service connection for obstructive sleep apnea. The Veteran does not have a current diagnosis of this condition.

The Board has remanded the cases for further development and consideration, including a new audiological examination to assess the Veteran's bilateral hearing loss. The back disability claim is also being remanded for issuance of a Statement of the Case (SOC).

The Board has found that there has not been substantial compliance with previous remand directives for the Veteran's bilateral hearing loss and low back disability claims. The VA is required to obtain a pre-employment physical examination report from 1972, which was requested but not received. Additionally, an orthopedic examination is needed to determine the likely etiology of the Veteran's low back disability.

The Board has denied the Veteran's claim for service connection for lumbar stenosis with degenerative joint disease, finding that there is no evidence of a chronic disability in service or within one year thereafter and that any current disability is not related to his military service.

The Board has remanded the claims of service connection for bilateral upper extremity, left lower extremity, lumbar spine, cervical spine, and headache disabilities due to deficiencies in prior VA examinations and missing records.

The Board has remanded the Veteran's claims for increased evaluations of her service-connected knee and radiculopathy disabilities, as well as her claim for a TDIU. Additional evidence was added to the record since the last decision.

The Board denied the Veteran's claims for service connection for left and right knee disabilities, back disability (secondary to a knee disability), left hip disability (secondary to a knee disability), and right hip disability (secondary to a knee disability). The decision was based on the absence of evidence showing that any of these conditions were incurred or aggravated by service.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a right ankle disorder and evaluation in excess of 20 percent for a thoracolumbar strain. The case is being remanded to allow for further examination and development.

The Veteran's service-connected lumbar spine disability does not render him unable to secure or follow a substantially gainful occupation, and thus his claim for TDIU is denied.

The Veteran's service-connected back disability precluded him from securing and following gainful employment prior to November 9, 2012. The Board granted TDIU on an extraschedular basis for this period.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's back disability and for additional development.

The Board has remanded the Veteran's claims for neck disorder, low back disorder, and peripheral neuropathy due to Agent Orange exposure or secondary to service-connected conditions. The VA is required to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and examinations. The appeals are currently pending.

The Board has remanded the Veteran's claims for abdominal scar, back disability, and hypertension as he was unable to attend VA examinations due to incarceration. The AOJ is instructed to make reasonable efforts to schedule new VA examinations in accordance with the VA Adjudication Procedure Manual.

The Board has decided to remand the case due to insufficient information on the Veteran's functional loss from her cervical spine disability. The case will be returned for another examination and additional development.

The Board has remanded the claims for service connection due to insufficient medical opinions and incomplete VA treatment records. The Veteran's low back disability, right leg nerve disorder (sciatica), and right knee disability are all in question.

The Veteran's lumbar spinal stenosis with degenerative arthritis has been granted an initial rating of 20 percent, effective September 28, 2019. The Board found that the evidence was at least evenly balanced to suggest that throughout the period on appeal, the Veteran’s lumbar spinal stenosis with degenerative arthritis manifested in forward flexion limited to 60 degrees or less, or muscle spasm resulting in abnormal gait or spinal contour.

The Veteran's TDIU claim is granted, and his appeals for service connection and ratings for various conditions are dismissed. The Board also remanded the issue of service connection for bilateral pes planus.

The Board has remanded the Veteran's claims for cervical spine, thoracolumbar spine, and left knee disabilities due to incomplete records and need for additional development.

The Board has remanded the Veteran's claims for cervical spine, lower back, and left knee conditions due to insufficient medical opinions regarding their etiology. The Veteran must be provided with additional VA examinations to address these issues.