Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection due to incomplete development and the need for additional VA examinations.

The Veteran's service connection claim for chronic low back pain was denied as there is no evidence of a low back disability related to his military service.,The Veteran's depression rating was denied as the symptoms did not meet the criteria for a higher rating, with occupational and social impairment in most areas but not total occupational and social impairment.,The Veteran's left knee disability ratings were denied as they do not exceed 10 percent due to pain, limitation of motion, and slight instability without further functional impairment.,The Veteran's right knee disability ratings were denied for the same reasons as his left knee disability.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance, which has been granted. The housebound claim is moot as a result.

The Board has remanded the cases due to inadequate VA opinions and failure to consider the Veteran's lay statements regarding in-service pain.

The Board denied the Veteran's claim for service connection of low back strain, finding that there was no evidence of a current disability and that it did not manifest within one year of separation from service. The appeal is dismissed.

The appeal to reopen a claim of service connection for obstructive sleep apnea is granted. The case is remanded for further development regarding the Veteran's back disability and OSA.

The Veteran's spinal stenosis with lumbar fusion is rated at 20 percent prior to August 21, 2014 and denied for higher ratings thereafter.,The Veteran's spinal stenosis with lumbar fusion is rated at 40 percent effective May 31, 2019 and denied for higher ratings.,The Veteran's right lower extremity radiculopathy associated with spinal stenosis with lumbar fusion is rated at 40 percent and denied for higher ratings.,The Veteran's left lower extremity radiculopathy associated with spinal stenosis with lumbar fusion is rated at 40 percent and denied for higher ratings.

The Veteran's service connection claims for low back pain and herniated disc at L4-L5, as well as cervical DDD, were denied because the evidence did not establish a link between these conditions and his military service.,There was no direct evidence linking the current diagnoses to service. The VA examiner found that the Veteran’s current back disability may be due to post-military weight-lifting injury.

The Board has reopened the Veteran's claims for hearing loss, low back condition, and major depressive disorder. However, these issues are remanded due to a duty to assist error regarding obtaining VA treatment records from Mayaguez Outpatient Clinic and other medical records.

The Board has remanded the Veteran's claims for an effective date earlier than July 18, 2012 for TDIU and DEA benefits due to service-connected disabilities. The case is being referred to VA’s Director of Compensation for consideration of whether a TDIU should be granted on an extra-schedular basis prior to that date.

The Board has remanded the claims for service connection for various conditions due to insufficient development and lack of adequate medical opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and further development is required.

The Veteran's claims of service connection for back condition, cervical condition, eczema, bilateral hearing loss and sleep apnea are remanded due to the need for additional medical examinations.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and TDIU are being remanded due to incomplete VA examination reports.

The Board has decided to remand the case due to incomplete records and for an addendum opinion regarding the etiology of bilateral hearing loss. The Veteran's service connection claim for bilateral hearing loss is still pending.

The Board has remanded the cases for additional development due to insufficient evidence and need for medical opinions regarding service connection.

The Veteran's right ankle disorder is granted a 20% rating. Service connection for bilateral knee and low back disorders are denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability is directly related to service or secondary to his service-connected bilateral hip disabilities. The Veteran will need a VA examination to address these issues.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated neurological impairment of the right and left lower extremities prevent him from securing and following substantially gainful employment due to his physical limitations.

The Board has remanded the Veteran's claims for increased ratings and service connection due to conflicting medical opinions and a need for further examination.