Back / lumbar spine decisions — 2020

The Board has found that another remand is necessary to obtain outstanding private treatment records and the Veteran employment information relevant to the time period prior to September 27, 2011. The TDIU claim was raised as part of a pending increased rating claim and remanded for further development.

The Veteran's claim for service connection for obesity is denied as a matter of law. The Board also remanded several other claims related to the Veteran's right knee, gastrointestinal condition, psychiatric disorder, low back condition, radiculopathy, chronic sinusitis, and headaches.

The Veteran's lumbar spine disability is rated at 10 percent prior to March 22, 2018, and in excess of 20 percent from March 22, 2018 to October 30, 2019, and at 10 percent thereafter. The Veteran's cervical spine disability is rated at 10 percent throughout the appeal period.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his employment is not precluded by his service-connected conditions.

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

The Board denied the Veteran's claim for service connection for back disability, finding that his current back disability did not have its onset in service or within one year of separation from service and was not otherwise related to an injury or disease in service.

The Veteran's back disability, including lumbosacral strain and degenerative arthritis of the lumbar spine, had its onset in service. The claim is granted as the evidence supports a nexus between active service and the currently diagnosed conditions.

The Veteran's appeals for increased compensation and service connection have been dismissed due to the death of the appellant.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the appeal for an increased rating is denied.

The Board has denied the Veteran's claim for service connection for a back disability, finding no evidence of in-service injury or chronic condition. The appeal regarding discoid lupus is remanded.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine was denied. The Board found that the disability did not meet the criteria for a higher rating prior to June 21, 2011 and from June 21, 2011 onwards.

The Veteran's service-connected disabilities did not render her unable to work prior to April 13, 2016. The Board denied entitlement to individual unemployability based on extraschedular consideration.

The Board denied service connection for a low back disability, finding that the evidence did not support a link between the condition and active duty service.

The Board has determined that the NODs received on August 23, 2017 were timely for all issues except PTSD. The claims are being remanded to allow the AOJ to issue a statement of the case (SOC) for those issues.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining records related to his SSI benefits.

The Board has denied the Veteran's claims for service connection for tendonitis of the right hand, left hand, and a lumbosacral strain (claimed as low back disability) due to lack of evidence linking these conditions to his military service.

The Veteran's claims for service connection for sleep apnea, bilateral hearing loss disability, erectile dysfunction, a sleep disorder (RLS), and a headache disorder (migraines) are being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent for patellofemoral syndrome of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a compensable evaluation for a scar of the left knee is being remanded due to the need for additional development.,The Veteran's claim of entitlement to an evaluation higher than 10 percent prior to May 29, 2018 and higher than 40 percent from that date for low back strain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a separate evaluation for bilateral sciatic radicular pain is being remanded due to the need for additional development.,The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development.

The Veteran's claims for higher ratings for his lumbar spine, right ankle sprain, and left ankle sprain have been denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability from July 30, 2012 to the present, as there was no indication of unfavorable ankylosis or severe functional impairment.

The Board has decided to remand the case due to insufficient examination and consideration of lay statements regarding in-service back pain. The Veteran's lumbar spine disability is being returned for further development.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for various conditions, including lumbar spine disability, right knee disability, left knee disability, right ankle disability, and left ankle disability. However, due to insufficient medical opinion regarding the etiology of these disabilities, the claims are being remanded for further development.