Back / lumbar spine decisions — 2020

The Board denied an increased disability rating for the Veteran's back condition, finding that it did not meet the criteria for a higher rating based on functional limitation or orthopedic manifestations.

The Board has granted the Veteran's petition to reopen his claim of service connection for erectile dysfunction and restored a 20% disability evaluation for lumbosacral strain with degenerative arthritis. The appeal regarding chronic kidney disease aggravated by hypertension, left lower extremity sensory deficit, right lower extremity sensory deficit, and TDIU prior to February 22, 2016 is still pending.

The Board has determined that the VA did not substantially comply with its August 2018 remand instructions and thus, the cases are being returned to the RO for further development.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected back disability and his claimed leg disabilities. The case is returned for further development.

The Board has remanded the case due to insufficient evidence regarding service connection for a low back disability and an increased rating for PTSD.

The Board has ordered a remand for the Veteran to be scheduled for an appropriate VA examination to determine the nature and etiology of his low back condition, including whether it is related to service-connected knee disabilities. The examiner should consider the leg length discrepancy and resulting low back pain.

The claim of service connection for back pain was previously denied, but new and material evidence has been submitted to reopen the claim. The case is remanded for further development including a VA examination.

The Board has remanded four issues: service connection for lower back disability, left knee disability, right knee disability, and acquired psychiatric disorder (PTSD). Additional evidence is needed to determine the cause of the Veteran's mental disabilities.

The Board has denied service connection for various conditions, including an upper-GI disorder, a left shoulder disorder, a right hand disorder, a low back disorder, and bilateral knee disorders. The Veteran's claims are based on direct service connection rather than any presumption or secondary service connection.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence linking his current condition to his military service.

The Veteran's claims for increased ratings for lumbar strain and cervical curvature with degenerative disc disease were denied as the evidence did not show ankylosis or incapacitating episodes warranting a higher rating.

The Veteran's lumbar spine DDD, right and left lower extremity radiculopathies are all granted with specific ratings. The lumbar spine DDD is rated at 40% from May 26, 2011 to January 31, 2019, and the right and left lower extremity radiculopathies are each rated at 40% from May 7, 2018.

Service connection for a lumbar spine disorder and tinnitus has been granted.,The Veteran's claim of service connection for an acquired psychiatric disorder, to include PTSD and MDD, is remanded.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the impact of pain medications on the Veteran's employment from 1991 to October 4, 2001. The matter will then be referred to VA’s Director of Compensation Service for extraschedular consideration.

The Board has denied the Veteran's claims for service connection for a back condition and a left shoulder condition, finding that there is no evidence to support these conditions began during or are otherwise related to his military service.

The Board has granted service connection for a spine disorder, including spinal stenosis, lumbosacral strain, and herniated lumbar disc. Service connection was denied for bilateral sensorineural hearing loss and the issue of service connection for restless leg syndrome (secondary to spine disorder) is remanded.

The claim for service connection for a back disability has been reopened, but the appeal is remanded due to insufficient evidence. The claims for secondary service connection of hip and leg disabilities are also remanded.

The Board has remanded the Veteran's claims of service connection for major depressive disorder, diabetes mellitus, type II, alcoholism, and a low back disorder due to potential conflicts with the Court’s decision. The VA must obtain SSA records, provide a new VA examination for his back condition, and provide a VA psychiatric examination to determine the etiology of his acquired psychiatric disorder.

The Veteran's service-connected disabilities do not render him in need of regular aid and attendance, as his need for assistance stems primarily from his non-service-connected cyclical vomiting syndrome.

The Veteran's low back disability is rated at a 40 percent rating beginning October 4, 2013. The Board has ordered remand for further examination and evaluation of the Veteran's condition prior to October 4, 2013.