Back / lumbar spine decisions — 2020

The Veteran's claims for increased disability ratings and service connection are remanded due to the failure of VA to provide proper notice and scheduling for examinations. The issues will be further evaluated with additional medical opinions.

The Board has granted service connection for a low back disability and chronic migraines, finding that the Veteran's current conditions are related to his military service. The decision also finds that these conditions are secondary to his service-connected schizophrenic disorder with a depressive disorder not otherwise specified.

The Veteran's DDD of the thoracolumbar spine is rated at 40 percent effective September 14, 2012. The left lower extremity radiculopathy was initially rated at 20 percent prior to November 11, 2019 and then increased to 40 percent from that date. TDIU is granted effective June 7, 2012.

The Veteran's claim for a urinary condition was denied as there is no evidence of such a condition.,Major depressive disorder was granted at 70% prior to February 8, 2017 and at 100% from May 18, 2018. The rating in excess of 70% for the period before February 8, 2017 is denied.,Service connection for low back disorder was denied as it did not meet the one-year requirement after separation from service.,Right lower extremity radiculopathy and left lower extremity radiculopathy were granted secondary to the service-connected low back disorder. The rating in excess of 20% is denied for both conditions starting December 9, 2015.

The Veteran's PTSD, left shoulder disorder, and lumbar spine disorder were denied. The claim for a rating in excess of 50 percent for PTSD was also denied.

The Board has remanded the Veteran's claims for increased ratings for chronic lumbosacral strain and a right hip condition, as well as her claim for TDIU. The RO must obtain medical records from JNH, provide an application for TDIU to the Veteran, and request addendums from the VA examiner who conducted the thoracolumbar spine and hip/thigh examinations.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's lumbar spine disorder, and an additional medical opinion is needed.

The Veteran's lumbar spine condition is granted as secondary to his service-connected right knee disability.,The Veteran's right lower extremity radiculopathy is granted as secondary to his now service-connected lumbar spine disability.

The Veteran's service-connected disabilities, including his lumbar spine and radiculopathy conditions, do not render him unemployable for purposes of establishing entitlement to TDIU or SMC housebound.

The Board has remanded the claim for a higher rating for low back disability due to inadequate examination and failure to consider all relevant evidence, including recent VA treatment records.

The Board has granted special monthly compensation (SMC) based on the need for aid and attendance due to the Veteran's service-connected disabilities, including low back disability, peripheral neuropathy in the lower extremities, and erectile dysfunction. The issue of SMC at the housebound rate is dismissed as moot because SMC based on aid and attendance is a greater benefit.

The Board has remanded the case due to inadequate etiology opinions and new evidence. The Veteran's low back disability claim is being reviewed again for service connection.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's cervical spine disorder and whether it is related to service or his service-connected right shoulder condition.

The Board has determined that the Veteran's lumbar disc disease is at least as likely as not related to service, and therefore grants service connection for this condition.

The Board has remanded the claims for additional examinations and opinions to address whether the Veteran's current diagnoses are related to her military service.

The Board has remanded the Veteran's claims for hypertension, dental disability, vision disability, headaches, low back disability, and neurological disability due to failure to report for VA examinations. The issues are being remanded for further examination and medical opinions.

The Board has remanded the Veteran's claims for service connection for right hip, right leg (knee), and low back disabilities due to lack of medical evidence supporting a chronic condition during or within one year after service.

The Board has again remanded the Veteran's claims for an evaluation in excess of 10 and 20 percent for his lumbar strain with degenerative changes due to inadequate compliance with prior remand directives.

The Board has remanded three issues related to service connection for various conditions, including a lumbar spine disorder and bilateral knee disorders. The decision does not specify the rating assigned or effective date.

The Veteran's lumbar spine disability is rated at 20 percent prior to December 18, 2019 and at 40 percent thereafter. The Veteran's left and right wrist disabilities are each rated at 10 percent.,The Board has remanded the issues of initial ratings for the Veteran's bilateral wrist osteoporosis.