Back / lumbar spine decisions — 2020

The Board has remanded the case due to insufficient evidence and needs further examination.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination for her lumbar strain.

The Board has remanded the Veteran's claims for service connection due to insufficient development and need for additional medical opinions.

The Board has remanded the claims of service connection for a back disability, obstructive sleep apnea, and a compensable rating for bilateral hearing loss due to additional evidence that needs to be considered.

The Veteran's petition to reopen the claim of entitlement to service connection for a low back disorder is allowed. The appeal is granted to that extent only, with the issue of service connection being remanded.

The Board has decided to remand the claims for service connection due to insufficient evidence and need for further examination.

The Board has remanded two issues: 1) entitlement to a rating in excess of 40 percent for service-connected herniated IVDS and DDD of the lumbar spine, and 2) entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected herniated IVDS and DDD of the lumbar spine. The remand is due to outstanding records from VA and private providers not being associated with the claims file.

The Board has decided to remand the Veteran's claims for additional development due to incomplete medical records and need for new evaluations of his neck disability.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability has been granted, with the effective date being determined by VA.

The Board has reopened the claims for service connection for a low back disability, cervical spine disability, and plantar fasciitis with heel spurs, bilateral feet. The claim for a low back disability is granted.

The Board has granted service connection for the Veteran's low back disability and left leg disability (sciatic nerve), finding that these conditions are at least as likely as not related to her period of active military service.

The Board has remanded the Veteran's claims for low back condition and eye condition due to inadequate examination opinions, failure to consider subjective complaints of in-service injuries/events, and need for additional medical records.

The Veteran's kidney stones are rated at the maximum allowable under VA guidelines, and thus an evaluation in excess of 30 percent is denied. The Veteran meets the criteria for TDIU on an extraschedular basis from February 29, 2012.

The Veteran's appeals for increased ratings and service connection were denied. The decision also noted that some of the issues are related to a service-connected lumbar spine disorder, but these secondary claims have not been granted.

The Veteran's initial claim for an increased rating for lumbar degenerative disc disease was denied, and the Board has remanded it to allow further development.

The Veteran's service-connected degenerative disc disease with IVDS of the lumbar spine is currently rated at 10 percent, but his disability does not warrant a higher rating as there is no evidence of limitation of motion or ankylosis that would justify such a rating.

The Board has remanded the cases for additional development and examination, including a new VA examination to assess the severity of the Veteran's lumbar spine disability and associated radiculopathy. The claims for service connection for Hepatitis C and TDIU are also remanded.

The Veteran's claim for a disability rating in excess of 40 percent for degenerative joint disease of the lumbar spine and sacroiliac joints, as well as his request for an extended temporary total rating under 38 C.F.R. § 4.30, has been denied.

The Board has remanded the case for further development due to inadequate medical opinions regarding the Veteran's low back disability and bilateral pes planus. The Veteran is seeking service connection for these conditions, which are currently pending.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.