Back / lumbar spine decisions — 2020

The Veteran requested to withdraw his appeal for a total disability based on individual unemployability.,The Board has remanded the claims of service connection for ischemic heart disease, diabetes, and an acquired psychiatric disorder due to potential new evidence and further development is needed.,The claim for increased rating for degenerative disc disease of the thoracic and lumbar spine remains pending. A VA examination will be conducted to assess the current severity of the condition.,The claims for service connection for ischemic heart disease, diabetes, and an acquired psychiatric disorder are remanded due to potential new evidence from the Veteran's hearing and need further development.,A VA examination is needed to determine if the Veteran has a diagnosed acquired psychiatric disorder, including PTSD, depression, anxiety, and adjustment disorder. The examiner must also attempt to corroborate the Veteran’s reported stressors.

The Veteran's initial and subsequent ratings for partial neurogenic bladder have been denied.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to October 10, 2018 has also been denied.

The Board has denied a higher rating for the Veteran's lumbosacral strain with degenerative disc disease and remanded the issues of service connection for cervical radiculopathy and TDIU.

The Veteran's acquired psychiatric disability, claimed as depression and PTSD, is not service connected. The right foot disability is also not service connected. Service connection for radiculopathy of the left lower extremity associated with degenerative disc disease of the lumbar spine is granted.

The Board has denied service connection for bilateral hearing loss disability and remanded the issues of service connection for low back disability and a rating in excess of 10 percent for left hip degenerative joint disease. The case is being returned to the RO for further action.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability is related to service, specifically an in-service parachute accident during combat. A new VA examination is needed.

The Veteran's claims for increased disability ratings for his chip fracture of the coccyx and degenerative arthritis and intervertebral disc syndrome lumbar spine were denied. The Veteran was previously granted a temporary total disability evaluation based on housebound status, but the maximum benefits have not been awarded.

The Veteran's lumbosacral DDD rating was restored from 40% to 40%, effective December 1, 2010.

The Board has granted TDIU since February 16, 2013. Prior to that date, the combined service-connected disabilities rendered the Veteran unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and bilateral hand numbness, finding no new and material evidence to reopen the claim for the lumbar spine disability. The denial of both issues is upheld.

The Veteran's lower back disability, including IVDS, is found to be at least as likely as not related to a parachuting accident during his service.

The Board has decided to remand the case due to inadequate consideration of the Veteran's lay statements regarding his back pain and because the VA examiner did not adequately address these assertions in their opinion.

Service connection is granted for hypertension, renal insufficiency, back disorder, neck disorder, sleep apnea, and acquired psychiatric disorder. Headaches, Bell's palsy, and a disability manifested by dizzy spells are remanded due to lack of medical nexus opinions.

The Veteran's initial rating for PTSD has been granted at a 50 percent level, effective the date of claim. The ratings for lumbosacral sprain and TBI remain denied.

The Board has remanded the Veteran's claim for service connection of back disability associated with right ankle deltoid ligament strain and osteochondritis dissecans to include osteochondral fracture due to insufficient examination addressing aggravation.

The Board denied service connection for back, right hip, and left hip disabilities as secondary to the Veteran's service-connected right great toe disability. A rating of 20 percent was granted for the period beginning December 30, 2019 for right ankle strain.

The Veteran's initial ratings for his back and right knee disabilities have been granted, with the back disability receiving a higher rating than the right knee.

The Board has granted service connection for a low back disability (other than scoliosis) as secondary to the service-connected anxiety disorder. The claim for service connection for scoliosis is denied, and the claim for service connection for seizure disorder, to include as secondary to the low back disability, is remanded.

The Veteran's appeal is remanded due to the need for new VA examinations and additional evidence, including updated treatment records. The issues of rating his service-connected disabilities and determining whether his sleep apnea is related to service or secondary to PTSD are also being addressed.

The Board has remanded the Veteran's claims for diabetes mellitus, type II and his back disability as well as radiculopathy of the right lower extremity due to inadequate medical opinions and need for further examination.