Back / lumbar spine decisions — 2020

The Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need to refer the case to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the cases due to inadequate VA examinations and a need for new opinions regarding the etiology of the Veteran's claimed disabilities, including lower back, left knee, left foot, and migraines.

The Board has remanded the cases for further development and examination due to incomplete compliance with previous remand instructions.

The Board has remanded the Veteran's claims of entitlement to a rating in excess of 20 percent for low back strain with DJD and entitlement to TDIU due to inadequate medical opinions and issues being intertwined.

The Veteran's appeal regarding a higher rating for fibromyalgia has been withdrawn. The Board has also remanded the issue of whether he should receive a higher rating for his chronic lumbar strain, including any associated neurological manifestations.

The Board has remanded the claim of service connection for a low back disorder due to insufficient explanation in the original decision regarding whether the Veteran's scoliosis and spondylosis were congenital defects or diseases. The case is now pending further development.

The Veteran has withdrawn his claims for bilateral hearing loss, low back pain, right knee disorder, left knee disorder, tinnitus, left forearm disorder, prostate disorder, arthritis, impotence, left hand weakness, and left elbow pain. The Board finds a remand is needed to determine the nature and etiology of any current psychiatric disability, including whether it is related to service or pre-existing conditions.

The Veteran's neck disability, diagnosed as cervical degenerative disc disease, had its onset during service and is related to service. Service connection for this condition is granted.

The Veteran's low back condition is granted service connection. The Board finds the evidence in equipoise regarding his right hip, left shoulder, left wrist, left knee, and left foot disabilities, granting them service connection as well.

The Veteran's appeal for an increased rating for lumbar strain is dismissed as the claim was inadvertently re-docketed under the legacy system, and the Veteran has opted into the modernized appeals process.

The Board has remanded the claims of increased ratings for lumbar strain, right knee strain (with limitation of flexion), and right foot strain due to insufficient examination findings. The Veteran needs new VA examinations to assess her current disability levels and provide necessary medical opinions.

The Board has granted service connection for degenerative arthritis of the lumbar spine and cervical spine, finding that these conditions had their onset during active duty service.

The Board has remanded the Veteran's claims for HIV, PTSD, and thoracolumbar spine condition due to insufficient medical opinions addressing pertinent evidence.

The Board has restored the appellant's disability rating for his service-connected degenerative disc disease of the lumbosacral spine from 40% to 40%, effective April 21, 2017. The reduction was improper as there was no evidence showing actual improvement in the appellant’s ability to function under ordinary conditions.

The Board has remanded the Veteran's claims for service connection for various conditions, including low back, neck, knee, arthritis, and skin disabilities. The issues are being returned to obtain additional records and medical opinions.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and back disability due to insufficient evidence regarding their onset during service.

The Veteran's service-connected disabilities have made it impossible for him to obtain and maintain any form of substantial gainful employment, warranting a total disability rating based on individual unemployability (TDIU).

The Veteran's increased rating claims for lumbosacral strain, bilateral plantar fasciitis with history of left ankle sprain, hemorrhoids, and tinea pedis have been denied.,The Veteran's claim for service connection for obstructive sleep apnea has been remanded due to inadequate previous VA opinion.

The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for a lumbar strain, entitlement to a TDIU from November 25, 2015, and entitlement to SMC due to outstanding VA treatment records. The issues are now pending for further development.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's diagnosed conditions and remands the case for further action.