Back / lumbar spine decisions — 2020

The Board has found that further evidentiary development is necessary and remands the case to ensure compliance with prior remand instructions. The Veteran's service treatment records are incomplete, and efforts must be made to obtain them.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's low back disability and his service, as well as its relation to his right foot disability. The case needs further examination and opinion.

The Board denied service connection for left shoulder, right shoulder, cervical spine, lumbar spine, left hip, right hip, left knee, right knee, left ankle, right ankle, left foot, and right foot disabilities as well as a heart disability.,The Board also denied service connection for an acquired psychiatric disability, to include PTSD, anxiety, and depression.

The Board has found that the VA Regional Office (RO) did not substantially comply with the November 2018 remand directives and thus, the matter must be remanded for further evidentiary development in order to properly adjudicate the claim.

The Veteran's claims for increased ratings for his lumbar spine disability and radiculopathy of the lower extremities have been denied. The VA has determined that the Veteran does not meet the criteria for a higher rating based on current functional impairment.

The Board has granted the Veteran's claim to reopen his previously denied service connection for bilateral hearing loss. The Board also found that, based on the evidence of record, including VA and private medical opinions, there is at least equipoise in favor of a finding that the Veteran's current hearing loss is related to his in-service acoustic trauma. Service connection was not granted for thoracolumbar spine condition or cervical spine condition as there is no evidence linking these conditions to service.

The Veteran's claims for service connection have been dismissed due to the death of the appellant.

The Veteran withdrew his appeal regarding the reopening of a claim for back disability before the Board could make a decision.

The Board has determined that the appellant's lumbar spine disability warrants a rating in excess of 20 percent prior to March 7, 2011 and a rating in excess of 40 percent thereafter. The appeal is remanded for further development including obtaining a retrospective medical opinion regarding functional impairment during flare-ups and following repetitive use over time.

The Veteran's back disability is rated at 20 percent effective November 21, 2017. He also receives separate ratings of 20 percent for left lower extremity radiculopathy and 10 percent for right lower extremity radiculopathy beginning that date.,Prior to November 21, 2017, the Veteran's back disability was rated at 10 percent.

The Veteran's initial claim for a higher rating for chronic lumbosacral strain was denied. A 40 percent disability rating, but not higher, was granted from January 8, 2015 to August 15, 2019 for the Veteran’s chronic lumbosacral strain. The Veteran's left and right knee conditions were also rated based on their specific disabilities.

The Board has decided to remand the cases due to failure to substantially comply with previous remands, specifically not obtaining a medical opinion as requested. The Veteran's lumbar spine and bilateral knee disabilities are being reviewed again for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and ensuring all relevant medical evidence has been considered.

The Veteran's lumbar spine disorder, diagnosed as degenerative disc disease, is now granted. The right hip disorder and TDIU claims are being remanded for further development.

The Board has determined that there is insufficient medical evidence to decide the Veteran's claims for service connection for lumbosacral plexopathy with nerve damage and a bilateral foot disorder. The case is being remanded for further development, including an addendum opinion from the VA examiner.

The Veteran's right thumb disability is rated at 30% effective October 31, 2011. The spine condition remains under review.

The Veteran's claims for increased ratings for her back disability, bilateral knee patellofemoral syndrome, and depression are being remanded due to the need for additional examinations and development of records.

The Board has found that additional development is necessary before these claims can be adjudicated on their respective merits, including the need for VA examinations and a determination of whether the Veteran meets the schedular or extraschedular criteria for TDIU.

The Board dismissed the legacy appeal regarding entitlement to service connection for a low back disability due to the Veteran opting into the Appeals Modernization Act (AMA) review system.

The Board has remanded the cases for further development due to inadequate medical opinions regarding the Veteran's low back and cervical spine conditions.