Back / lumbar spine decisions — 2020

The Board has denied the Veteran's claims for service connection for a left groin condition and back condition, to include neurological issues. The case is being remanded due to duty-to-assist errors.

The Veteran withdrew his appeal, and the Board dismissed it.

The Veteran's claim for a reduction in his disability rating from 40 percent to 20 percent for lumbosacral degenerative disc disease and intervertebral disc disease is remanded due to scheduling issues with the requested VA examination.

The Board has granted service connection for the veteran's lumbar spine disability and radiculopathies effective November 30, 2018.

The Veteran's PTSD is rated at 70 percent, effective November 22, 2016.,The Veteran is granted a TDIU based on his service-connected disabilities.

The Veteran's claims for cervical-spine disorder, bilateral-hand disorder, bilateral-shoulder disorder, lumbar-spine disorder, bilateral-leg disorder, CAD, shortness of breath, hypertension, and bilateral-foot disorder have been reopened due to the submission of new evidence. However, these claims are still denied as there is no direct or secondary service connection established.,The Veteran's claim for an acquired psychiatric disorder, to include PTSD, has also been reopened due to the submission of new evidence. However, this claim is still denied as there is no direct service connection established.

The Veteran's disability ratings for lumbosacral strain and unspecified depressive disorder with anxious distress, cannabis use disorder and traumatic brain injury were restored to their previous levels.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. The evidence does not support an increased rating or a TDIU.

The Veteran's bipolar disorder, depression, and alcohol dependence are rated at the highest possible disability rating of 100 percent. The other conditions have been denied or not granted a higher rating.

The Board has remanded three issues: increased ratings for residuals of a gunshot wound to the left upper extremity, greater ratings for back disability and bilateral radiculopathy of the lower extremities. The Veteran is required to be examined again to assess his current severity and all manifestations of these conditions.

The Board has remanded the Veteran's claims for service connection for a chronic back disability and bilateral hearing loss disability due to issues with obtaining necessary medical examinations. The Veteran was unable to attend VA examinations because he is incarcerated, which prevented him from receiving an in-person examination or access to necessary diagnostic tools.

The Board has remanded the cases for further development due to inadequate examination findings and inextricably intertwined with the rating issue is the claim for TDIU.

The Board has granted service connection for lumbar strain, patellofemoral syndrome with degenerative joint disease of the right knee, and patellofemoral syndrome with degenerative joint disease of the left knee, all of which are deemed to have begun during active service.

The Board has remanded the claims for service connection and rating of diabetic nephropathy due to inadequate opinions regarding herbicide agent exposure. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's lumbosacral strain has not resulted in the required range of motion for a higher rating, and therefore his claim for a rating in excess of 10 percent is denied.

The Board has remanded the cases for further development due to inadequate examination findings and inextricably intertwined with the rating of the Veteran's back disability.

The Board has determined that the VA examinations conducted do not comply with the requirements set forth in the October 2018 remand. The matter is therefore being REMANDED for further development.

The Board has granted service connection for a low back disability and a bilateral knee disability, finding that the Veteran's current conditions are at least as likely as not related to his military service.

The Board has remanded several claims for additional development, including those related to the Veteran's neck disorder, neuropathy of bilateral upper and lower extremities, hip disorder, sleep apnea, right knee surgical scar, traumatic arthritis of the right knee, bilateral hearing loss, lumbar strain with degenerative osteoarthritis of the lumbar spine, foot disorders (pes planus, metatarsalgia, hammertoes, hallux valgus, plantar fasciitis, and degenerative joint disease), and psychiatric disorder.

The Board denied increased ratings for various service-connected disabilities, including right knee disability, left knee disability, cervical spine disability prior to June 21, 2019, lumbar spine disability from June 21, 2019 onwards, and hemorrhoids. The appeal is based on the merits of these conditions without any presumption or secondary service connection.