Back / lumbar spine decisions — 2020

The Veteran's claim of service connection for an acquired psychiatric disorder, including depression and PTSD, has been reopened. The Board also remanded the claims for a rating in excess of 10 percent for hypothyroidism, a rating in excess of 20 percent for a back disability, a rating in excess of 10 percent for right knee disability, and TDIU due to service-connected disabilities.

The Board has found that new and material evidence has been received to reopen the Veteran's service connection claim for a back disability. Service connection is granted for lumbar spine osteoarthritis. The claims of service connection for left knee, right knee, and skin disabilities are remanded due to insufficient medical opinions.

The Board has granted service connection for a lumbar spine disability, finding that the Veteran's current condition is at least as likely as not related to his active duty service.

The Board has remanded the Veteran's claims for additional examinations to assess his thoracolumbar spine condition(s) and left lower extremity (sciatic nerve) radiculopathy. The appeals are currently pending.

The Board has remanded the Veteran's claims for service connection for right ear hearing loss and low back disability due to inadequate opinions in previous VA examinations. The Veteran is required to provide a supplemental opinion regarding whether her preexisting conditions were aggravated by military service.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Veteran's claims for increased ratings and service connection were denied. The adjustment disorder claim was not granted, the right knee replacement rating remained at 30%, the back condition, migraines, and left hip condition claims were also denied, and a TDIU claim was denied.

The Veteran is granted a rating of 70 percent for an acquired psychiatric disorder (social phobia and PTSD) from May 29, 2013 to February 4, 2017.,The Veteran's claim for a rating in excess of 70 percent for the same condition was denied as of February 4, 2017.,TDIU is granted from May 29, 2013 to May 21, 2015.

The Veteran's appeal is being remanded for additional examinations and evaluations to determine the nature and etiology of his service-connected conditions, as well as for updated medical records.,The Veteran has multiple issues related to his service-connected conditions that require further examination and evaluation.

The Board has decided to remand the Veteran's claims for service connection for lower back condition and left knee impairment due to insufficient evidence. The VA is required to provide a medical examination and opinion regarding these conditions.

The Veteran's appeal is remanded for additional examinations and evaluations to address his claims of service connection for erectile dysfunction, as well as increased ratings for his knee and back conditions. The issues are inextricably intertwined with the Veteran’s claim for an increased rating for his back condition.

The Veteran's claim for service connection has been reopened, and the Board is remanding several issues including those related to PTSD, acquired psychiatric disorder, dizziness, low back condition, right and left foot conditions, and a right ankle condition. The Veteran must be scheduled for VA examinations to evaluate these claims.

The Board has remanded the Veteran's claims for service connection for lower back disability, right knee disability, left knee disability, bilateral hearing loss, and psychiatric disability (including PTSD).

The Board has remanded the claims for service connection for ruptured discs of the neck and back, as well as the claim to reopen a previously denied claim for lumbosacral strain (low back pain/degenerative disc disease). The AOJ is instructed to contact the Veteran and his representatives to obtain any outstanding records before readjudicating the claims.

The Veteran's lumbar spine disability is rated at 40 percent prior to April 23, 2019. From that date onward, a higher rating for the condition is denied.

The Board denied service connection for a lower back disability and remanded the claims for respiratory disorder and GERD. The Veteran's current conditions are not related to his active duty service.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's lumbosacral strain, as the previous examination report did not fully satisfy the requirements set forth in Correia v. McDonald (2016). The effective date claim is denied.

The Veteran requested to withdraw their appeal for an earlier effective date of September 19, 2013 for the award of service connection for arthrodesis with spondylosis and degenerative disc disease of the lumbar spine.

The Veteran's claim for a TDIU is remanded due to the fact that his combined rating does not meet the schedular criteria, but he has been unable to find suitable employment due to service-connected disabilities. The case will be referred to the Director of Compensation Service for consideration on an extra-schedular basis.

The Veteran's claim for a higher rating for his service-connected back disability is denied as the evidence does not show ankylosis or incapacitating episodes of IVDS meeting the criteria for a higher rating.,The Veteran's right shoulder disability remains remanded due to outstanding VA and private treatment records.