Back / lumbar spine decisions — 2020

The Veteran's claim for VR&E services, including a doctoral degree in osteopathic medicine, is remanded due to the need for a new vocational rehabilitation evaluation considering his current symptomatology and employment capabilities.

The Board has decided to remand the case due to the need for additional development, including a VA examination.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and opinions regarding her lumbar spine, sciatica, and dental conditions. The issues include secondary service connection based on her service-connected thoracolumbar strain and bruxism.

The Veteran's low back disability is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of evidence showing limitation of motion or other disabling symptoms warranting an increased rating.

The Veteran's claims for chronic sinusitis, PTSD, cervical spine disability, low back disability, left leg disability, bilateral kidney condition, hypertension, and allergies have all been denied as there is no evidence of current disabilities or a link to service.,There are no presumptive service connection criteria met for any of the conditions.

The Board has remanded the Veteran's claims for headaches, back injury, and an acquired psychiatric disability (including PTSD and depressive disorder) due to outstanding treatment records and the need for VA examinations.

The Veteran's allergic rhinitis is granted with a 10 percent rating, but no higher. The Veteran’s right lower extremity radiculopathy associated with lumbar spine degenerative disc disease is also granted with a 10 percent rating, but the issue of a higher initial rating for lumbar spine degenerative disc disease remains pending and will be remanded.

The Board denied service connection for a left eye disorder and a low back disorder, finding no evidence of in-service injury or disease that caused these conditions. The Veteran's statements were not considered sufficient to establish a nexus between his current disabilities and service.

The Board denied service connection for a thoracolumbar spine disorder, finding that the condition was not present during or immediately after service and is not related to service.

The Veteran's claim for a higher evaluation for his thoracolumbar spine disability was denied, and the Board found that he is not entitled to a TDIU rating prior to March 18, 2020.

The Board has decided to remand the Veteran's claims due to the need for additional examinations and assessments of his service-connected conditions, as well as the need to determine if any disorders are without conclusive pathophysiology or etiology.

The Board has remanded the claims for a rating in excess of 20 percent for lumbar degenerative disc disease and entitlement to TDIU due to insufficient evidence from the most recent VA examination. The Veteran's death is noted, but no further action is required as the requested VA examination was not possible.

The Board has remanded the claim for TDIU due to new evidence and a vocational rehabilitation assessment indicating that the Veteran's service-connected disabilities alone rendered him incapable of securing and following substantially gainful employment. The case will be referred back to the Director, Compensation and Pension Service, for consideration on an extraschedular basis.

The Veteran's claims for service connection for low back, asthma, right knee, and neck conditions have been denied as there is no evidence of a nexus between the current disabilities and active duty service.,Service connection was not granted because the medical records do not show any in-service injury or disease that could be linked to the current conditions.

The Veteran's service-connected disabilities, including major depressive disorder and physical conditions like lumbar sprain, left hip bursitis, tinnitus, and right knee condition, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted TDIU for the entire period on appeal.

The Board has denied the Veteran's claims for service connection for fatigue, PTSD, and a back disorder. The case is being remanded to provide additional development.

The Veteran's generalized anxiety disorder is rated at 70 percent, effective June 10, 2020. The rating for his lumbar spine degenerative disc disorder remains at 40 percent.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability, bilateral hearing loss, and a bilateral foot disability due to incomplete development of medical records and failure to contact the Veteran for VA examinations.

The Veteran's service-connected degenerative disc disease and arthritis of the lumbar spine are rated at 40 percent from July 19, 2018. The Board granted a TDIU effective July 19, 2018.

The Board has decided to remand the cases for additional development due to incomplete service treatment records and insufficient opinions regarding the Veteran's claims of migraines, low back disability, and dental condition. The Veteran will need to undergo VA examinations to address these issues.