Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to the need for additional examinations and opinions regarding his claimed disabilities, including back disability, peripheral neuropathy, sinusitis, arthritis of the jaw, and TMJ. The appeals are now pending again with the Board.

The Veteran's low back disability is presumed service connected due to his continuous symptoms since service and the nature of his work in engine rooms aboard naval ships.

The Board has denied the Veteran's claims for service connection for a back disability and an acquired psychiatric disorder, finding insufficient evidence to establish a nexus between these conditions and his military service.

The Veteran's lumbar spine disability is granted at a higher rating of 20 percent since February 14, 2019. The issue of service connection for sleep apnea is remanded.

The Board has found that the Veteran's left knee, low back, and sinus disabilities were not caused by his military service. The claims for these conditions are being remanded to allow for further development of evidence.

The Board denied service connection for a back disability, finding that the evidence did not support a relationship between the condition and service or herbicide exposure.

The Board has decided to remand the case due to the need for additional development and opinion regarding whether the Veteran's service-connected knee disabilities have aggravated his low back disability.

The Board denied the Veteran's claim for TDIU as there was no evidence showing that his service-connected disabilities rendered him unemployable, despite his assertions and reports of employment.

The Board has remanded the claim for a low back disability due to insufficient evidence and failure to comply with duty to assist.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since April 2, 2012.

The Board has granted service connection for a back disability and left lower extremity radiculopathy, finding that the Veteran's conditions are related to his in-service injuries. The decision is based on evidence showing progression of pre-existing conditions exacerbated by military service.

The Board has determined that the Veteran's low back disability is at least as likely as not incurred during service, and thus grants service connection for a back condition.

The Board has remanded the Veteran's claims for service connection for a back condition, left shoulder condition, and residuals of hernia surgery due to insufficient evidence. The Veteran will need VA examinations to determine the nature and etiology of these conditions.

The Board has reopened the claim for service connection of a lower back disorder due to new and material evidence. However, the claim is denied as there is no evidence that the current condition began during service or is related to an in-service injury.

The Veteran's claim for a higher evaluation for his back disability and right lower extremity radiculopathy was denied. The Veteran's back disability is rated at 40 percent, effective May 13, 2019. His right lower extremity radiculopathy is currently rated at 20 percent.

The Board has remanded the Veteran's claims for service connection for sleep apnea and a rating in excess of 10 percent for his lower back disability due to insufficient evidence regarding the etiology of these conditions.

The Veteran's appeals for extra-schedular ratings and TDIU were denied. The Board found that the assigned schedular criteria adequately described his disability picture, with no interference with employment or frequent hospitalization.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, leading the Board to grant a TDIU as of April 8, 2016.

The Board has remanded the issues of increased evaluations for various service-connected disabilities, including degenerative joint disease and irritable colon syndrome. The Veteran's claims are not currently granted as there is no evidence of ankylosis or other conditions that would warrant higher ratings.

The Veteran's lumbar spine disorder is rated at 20% from July 15, 2014 to August 16, 2018 and at 40% on and after August 17, 2018. The Board has found that the criteria for a higher evaluation are not met during this period. Separate evaluations for right and left lower extremity radiculopathy are also remanded as there is insufficient information in the file to rate these conditions.