Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claim for a new medical opinion to address whether his back disability is secondary to his service-connected depressive disorder and if obesity, which may be an intermediate step between his service-connected depressive disorder and back disability, caused or aggravated his back disability.

The Board has decided to remand the case due to inadequate medical opinions and the need for an addendum opinion regarding the relationship between the Veteran's low back disability and service.

The Board has decided to remand the case due to a need for clarification from a VA examiner's opinion, which was based on non-medical sources.

The Board has remanded the Veteran's claim for a new VA examination and medical opinion to determine if his current lumbar spine disability is related to service, as there was insufficient information provided in the previous remand.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including for his right-hand disability, obstructive sleep apnea, service-connected low back disability, and acquired psychiatric disability. The appeals are being remanded to allow for further development of the record.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a TDIU rating.

The Board has decided to remand the cases of the Veteran's neck, low back, and left knee disabilities due to insufficient examination opinions and missing medical records.

The Veteran's appeals for service connection on the merits have been dismissed.,New and material evidence has been received to reopen claims of service connection for low back disability, respiratory disability (to include bronchitis and asthma), prostate cancer, and right knee disability.

The Board has found that the Veteran does not have a bilateral hearing loss disability for VA purposes. The left shoulder, right wrist, lumbar spine, and right hand disabilities are remanded due to inadequate examination reports. The gastrointestinal disability is also remanded as it may be related to medication prescribed for other service-connected conditions.

The Veteran's lumbosacral strain with wedging of the thoracic vertebrae was denied for a rating in excess of 40 percent beginning on August 31, 2017.

The Board has remanded the case due to inadequate examination reports and conflicting medical opinions. The Veteran's claim for service connection for degenerative disease of the lumbar spine is pending.

The Board denied service connection for thoracolumbar spine, cervical spine, ruptured right ear drum (healed), and kidney disabilities due to lack of evidence linking these conditions to the May 1963 automobile accident.

The Board has granted service connection for degenerative disc disease of the lumbar spine and its associated right lower extremity radiculopathy, finding that these conditions are related to service.

The Veteran's claim for increased ratings for his low back disorder and associated radiculopathies has been denied. The rating for the low back disorder prior to February 2, 2012 is denied as it did not meet the criteria for a higher rating under VA guidelines. From February 2, 2012 onwards, a 20 percent rating was granted for the left lower extremity radiculopathy and a denial of any higher rating for the right lower extremity radiculopathy.

The Board has remanded the cases for additional development due to insufficient efforts by the AOJ in obtaining the Veteran's service records. Service connection is granted for tinnitus, but the issues related to psoriasis and rheumatoid arthritis remain pending as they were not discussed or addressed in the July 2013 VA examination.

The Board has determined that the Veteran's lumbar spine disorder did not manifest in service or within one year of separation, and is not related to his active duty. Therefore, service connection for this condition is denied.

The Veteran's service-connected generalized arthralgias in shoulders, elbows, knees, hands, thumbs, and lumbar spine have been rated at 40 percent since July 1981. The Board denied a higher rating as the evidence does not support a finding of more than 40 percent disability.

The Board has granted service connection for degenerative arthritis of the lumbar spine and degenerative arthritis of the left hip, finding that there is at least equipoise evidence to support a nexus between these conditions and the Veteran's active service.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to June 28, 2013.

The Veteran's service-connected disabilities, including major depressive disorder and back disorders, rendered him unable to secure and follow a substantially gainful occupation from May 18, 2012. The Board granted a total disability rating based on individual unemployability (TDIU) as of that date.