Back / lumbar spine decisions — 2020

The Board has decided that the Veteran's claims for service connection for diabetes, bilateral flat feet, a back disability, and allergic rhinitis should be remanded due to outstanding records not being associated with the claims file.

The Board has remanded the case for further development regarding service connection for gout, a bilateral foot disability (other than arthritis), and arthritis of multiple joints, excluding the right shoulder, right elbow, cervical spine and lumbar spine.

The Veteran's initial rating for lumbosacral strain was denied, and he is currently rated at 40 percent. The ratings for left and right lower extremity radiculopathy were granted but not higher than 10 percent.

The Board has remanded the case due to insufficient examination and the need for a new VA examination to determine the current level of severity of the Veteran's low back disability, as well as to distinguish the symptoms attributable to his service-connected condition from those caused by a recent motor vehicle accident.

The Board has remanded the claims for service connection due to insufficient evidence, specifically regarding the Veteran's left knee patellar femoral pain syndrome. The RO is instructed to obtain VA treatment records and provide a new VA opinion.

The Board denied service connection for loss of feeling in arms and legs, lumbar spine disorder, and bilateral hip disorder as these conditions are not causally related to service.

The Board has remanded the case for further development and an examination to determine if any of the Veteran's claimed disabilities are related to his active duty service.

The Veteran's appeal is remanded for additional examinations and opinions regarding his lumbar spine disability, urinary incontinence, intermittent fecal incontinence, and TDIU claim.

The Board has granted service connection for the Veteran's thoracolumbar degenerative arthritis s/p vertebral fracture, finding that it is aggravated by her service-connected right knee patellofemoral pain syndrome.

The Board has determined that the Veteran's back strain, at least in part, was not reasonably foreseeable as a result of his VA treatment and has granted compensation benefits under 38 U.S.C. § 1151 for this condition.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations.

The Board denied the Veteran's claims of service connection for obstructive sleep apnea and an increased disability rating for lumbar-spine disorder. The VA examiner found no evidence linking OSA to active service, and concluded that it is less likely than not caused by or aggravated by PTSD with depressive disorder. For the lumbar spine issue, the Board agreed with the May 2019 VA examination's finding that there was insufficient evidence to support a connection between the Veteran’s service-connected PTSD and his current OSA.

The Veteran's appeal for an increased rating for a right-hand disability has been dismissed due to the Veteran withdrawing his claim.,Service connection for a right knee disability is denied as there is no evidence of current disability or during service.,Service connection for a right ankle disability is denied as there is no evidence of current disability or during service.,Service connection for an acquired psychiatric disability (PTSD and MDD) is remanded due to the need for additional opinion regarding both conditions.,Service connection for a right leg disability, left leg disability, back disability, neck disability, right hip disability, left hip disability, and right heel/foot disability are all remanded as there is insufficient examination reports addressing all relevant medical evidence of record.,reasoning_summary

The Board has remanded the cases for further development due to their inextricability and referral to the Director, Compensation and Pension Service for consideration of whether entitlement to TDIU prior to November 30, 2016 is warranted on an extraschedular basis.

The Board has remanded the claim for a TDIU due to unemployability caused by service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records.

The Board has determined that further development is needed for the Veteran's claims of service connection for various disabilities, including bilateral shoulder disability, low back disability, bilateral hip disability, jaw fracture, and pulmonary disability. The issues have been remanded to allow for examinations and additional evidence.

The Veteran's claim for service connection for a heart disorder was granted, and he was also awarded a total disability rating based on individual unemployability (TDIU). The increase in the ratings for his low back disability from 10 to 20 percent as of February 20, 2008, and then to 40 percent since January 28, 2010, was granted. His claim for service connection for a bilateral eye disorder was denied.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that there is no causal relationship between his current condition and his military service.

The Veteran's claims for service connection and increased evaluations are being remanded due to the need for additional medical opinions regarding the etiology of her claimed conditions.