Back / lumbar spine decisions — 2020

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current low back disability had its onset during active service or was related to his in-service injury.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a July 2009 back surgery, finding that the additional disability was not caused by negligence or similar instance of fault on part of VA.

The Board has decided that the Veteran's left hip and pelvic osteoarthritis, lumbosacral strain, and bipolar disorder are service connected. However, due to a remand for further development of his gastrointestinal condition, which is secondary to his back, hip, and pelvic conditions as well as his mental health condition, this issue remains pending.

The Board has remanded the claims for increased ratings and staged initial ratings for degenerative joint disease of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. The TDIU claim is also being remanded.

The Veteran's appeal for a disability rating in excess of 40 percent for arthralgia of the lower back (post lumbar disc) has been dismissed. The Board also remanded the issue regarding the compensable rating for left hip osteoarthritis.

The Veteran's appeal is remanded for additional examinations and to obtain VA treatment records. The issues of increased ratings for various service-connected disabilities are also remanded.

The Board denied the Veteran's claim for service connection for lumbar spine strain as his notice of disagreement was not timely filed.

The Veteran's claims for service connection for a low back disorder and an eye disorder have been dismissed as the Veteran withdrew her claims during her hearing.,Her claim of service connection for migraine headaches has been reopened due to new and material evidence, and she is now granted service connection for this condition.

The Veteran's service connection claim for a right foot condition and his initial rating claim for lumbar strain were both denied. The Board found that the evidence did not support a finding of in-service injury or disease related to these conditions.

The Board has remanded the Veteran's claims for service connection due to inextricably intertwined issues with her low back condition. The claims will be remanded for further development, including a VA examination.

The Board dismissed all claims except the one seeking an earlier effective date for TDIU, which was granted with a September 17, 2013 effective date.

The Board has remanded the Veteran's claims for lumbar and cervical spine disabilities due to non-compliance with prior remand directives, specifically regarding the need to obtain VA employee personnel records and provide an addendum opinion considering lay statements.

The Board denied the Veteran's claims for service connection for lumbar disorder, residuals of pilonidal cyst excision, and left foot disorder. The claim for tinnitus was granted.

The Board has decided the initial rating for chronic sinusitis prior to May 15, 2019 and denied a higher rating thereafter. The claims for service connection of left foot disability, right foot disability, fibromyalgia, back disability, and radiculopathy of the left lower extremity are remanded.

The Board denied the Veteran's claim for service connection of a low back disorder, finding that there is no nexus between his current disability and an in-service injury. The preponderance of evidence does not support a link between the Veteran’s in-service injury and his current condition.

The Board has remanded the claims for service connection for a back disorder, right lower extremity radiculopathy, and left lower extremity radiculopathy due to lack of response regarding an in-service Humvee rollover accident.

The Veteran's thoracolumbar strain with degenerative changes is currently rated at 10% and denied an increased rating.,Prior to November 28, 2018, the Veteran's major depressive disorder was rated at 50%, which remains unchanged. From that date onwards, her rating has been increased to 70%.

The Veteran's lumbar spine disability is not rated higher than 40 percent, and service connection for bladder and bowel impairment as an associated abnormality of the lumbar spine disability has been granted. The Board has remanded several issues including increased ratings for radiculopathy and left foot drop, and service connection claims.

The Board has remanded the case due to incomplete examination findings and requests for additional information regarding functional loss during flare-ups.

The Board has remanded several issues related to the Veteran's service-connected thoracolumbar spondylosis and bilateral lower extremity radiculopathy, as well as his claim for a TDIU. The Veteran is requested to undergo a VA examination to assess the current severity of his disabilities, and the case will be referred to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis if warranted.