Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for hypertension, major depressive disorder, obstructive sleep apnea, and degenerative disc disease of the lumbar spine due to outstanding service personnel records and treatment records. A VA examination is needed to assess the nature and etiology of these conditions.

The Veteran's fracture of the L3 transverse process is rated at 20 percent. Service connection for other conditions, including a separate lumbosacral spine disability and peripheral vascular disabilities, are denied. Other service-connected issues remain pending.

The Veteran's claim for service connection for a neck or cervical condition has been reopened and granted.,Service connection was denied for bronchitis and viral upper respiratory infection, as these conditions were not shown to be related to service.

The Board denied service connection for a back disability, finding that the Veteran's current condition is more likely related to post-service physical labor and aging than to in-service sports injuries.

The Veteran's initial increased rating claims for a lumbar spine disability and right lower extremity radiculopathy of the sciatic nerve were denied.,A TDIU claim was also denied.

The Veteran's claims for a higher rating for his thoracolumbar spine disability and TDIU are being remanded due to the need for additional examinations and development.

The Board denied an initial rating higher than 10 percent for the Veteran's lumbar spine disability, finding that his range of motion did not meet the criteria for a higher rating due to lack of evidence showing significant limitation in flexion or combined ROM.

The Veteran's lumbosacral spine disorder, right-knee disorder, and left-knee disorder have been evaluated at a maximum of 40 percent since December 12, 2018. The claims for increased evaluations prior to that date are denied.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess occupational impairment due to service-connected disabilities, and clarifying the relevance of the Veteran's participation on a tribal council. The TDIU issue is also being remanded as it is inextricably intertwined with the rating assigned for the Veteran’s service-connected disabilities.

The Board has decided to remand the case for further examination and opinion regarding whether service connection should be granted for spondylosis/spinal stenosis of the lumbar spine, which is currently service-connected. The examiner will need to consider if this condition can be attributed to parachute jumps and hard landings during service.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the lumbar spine and its associated radiculopathy due to inadequate opinions in previous VA examinations. The case is returned for further development.

The Board has granted service connection for left ankle, right ankle, and low back disabilities. The issues of service connection for hip strain and limitation of rotation are remanded.

The Board has remanded two issues: service connection for sleep apnea and an initial compensable evaluation for spondylolisthesis of the lumbar spine. The Veteran's claim for service connection for sleep apnea is remanded due to insufficient evidence, while the issue of a compensable rating for his low back disability requires additional examination.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient opinions regarding aggravation of his knee disabilities by his cervical spine and low back disabilities, as well as insufficient opinions on whether his psychiatric disorders are related to his knee disabilities.

The Board has reopened the Veteran's claim for service connection for low back disability due to new and material evidence, but denied both the original claim for low back disability and the current claim for bilateral shin splints.

The Veteran's appeal for an increased rating for his lumbar spine disability has been dismissed as the Veteran and his representative have withdrawn their appeal due to a granted 40% rating effective March 13, 2020.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, have rendered him unable to secure or maintain gainful employment for the period from November 20, 2014 to September 24, 2015. The Board has granted TDIU based on this evidence.

The Veteran's migraine headaches are granted as secondary to service-connected allergic rhinitis. The Veteran's thoracolumbar degenerative joint disease is remanded for further examination and opinion.

The Board has decided to remand the case due to lack of substantial compliance with previous instructions, specifically regarding records from Robins Air Force Base and post-service medical treatment records.

The Board has granted the Veteran's applications to reopen his previously denied claims for service connection for high blood pressure, excessive sweating (night sweats), sleep apnea, type II diabetes mellitus, and lower back disability. These claims are now addressed on their merits.