Back / lumbar spine decisions — 2020

The Veteran's GERD is granted as secondary to her service-connected knee disabilities. The claim for low back disability, related to the knees, is also granted on a secondary basis. The claim for headaches has been reopened and remains pending.

The Veteran withdrew all of the issues on appeal, including those related to service connection for various disabilities. The Board has no further jurisdiction in these matters.

The Veteran's major depression (claimed as PTSD) was not productive of total occupational and social impairment, but his overall disability picture warranted a 70 percent evaluation. The appeal for higher evaluations on the basis of substitution is denied.

The Veteran's claims for increased ratings and effective dates have been denied. The current 40 percent rating for postoperative degenerative arthritis of the lumbar spine was granted on April 12, 2017.,The current 20 percent ratings for radiculopathy of the left sciatic nerve, left femoral nerve, and right lower extremity (RLE) were also granted on April 12, 2017.

The Board has decided that the Veteran's service-connected lumbar strain should be remanded for a new VA examination to assess current symptoms, severity, and functional impairment.

The Board has remanded the service connection claims for low back and skin disabilities due to inadequate examination opinions. The Veteran's lay statements regarding his conditions are not considered in the current evaluations.

The Board has remanded the Veteran's claims for a low back disability and an acquired psychiatric disorder, to include PTSD. The case is being returned to the RO for further development.

The Board has found that there has not been substantial compliance with the prior remand orders and thus, the case is being returned to the RO for further development.

The Board has granted service connection for a right knee disability, including arthritis, and degenerative disc disease of the lumbar spine. The Veteran's radiculopathy of the right leg is also service connected. These decisions are based on evidence showing that his disabilities were aggravated by an in-service injury.

The Veteran's claim for a higher rating for lumbar myofascial strain syndrome with degenerative arthritis prior to April 4, 2011 was denied. The claim for TDIU prior to that date was also denied.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his military service.

The Board has remanded the Veteran's claims for left shoulder, right shoulder, left and right ankle, and cervical spine disabilities due to inadequate VA examinations and failure to discuss certain issues.

The Veteran's appeal for increased ratings and TDIU has been dismissed as he is already receiving the maximum combined rating for his service-connected disabilities.

The Veteran's service-connected cervical spine disability is remanded for another examination to determine the current severity of his condition, including addressing functional loss due to flare-ups and pain.

The Board has remanded the issues of entitlement to an initial rating in excess of 20 percent for a back condition, entitlement to TDIU prior to May 16, 2016, and entitlement to DEA benefits and SMC based on aid and attendance/housebound. The remand is due to inadequate examination findings and the need for additional development regarding the Veteran's service-connected intervertebral disc syndrome of the lumbar spine.

The Board has decided that the Veteran's lumbar spine disability and TDIU claim need further examination and consideration.

The Veteran's claims for service connection for right knee and low back conditions have been remanded due to the need for additional medical opinions regarding their etiology.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disorder due to inadequate examination in June 2019, which failed to address the Veteran's lay statements and relevant medical records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical spine condition was pre-existing and not aggravated by service.

The Board has decided to remand several issues related to the Veteran's service connection claims, including those for groin strain with right testicular pain, breathing problems, sleep apnea, acid reflux disease, bilateral foot disability, and back disability. The Veteran is asked to provide any relevant medical records from Dr. Anthony Cadena, Jr., and reschedule his examinations if necessary.