Back / lumbar spine decisions — 2020

The Board has remanded three issues related to secondary service connection for low back disability, left hip disorder, and left ankle disorder all claimed as secondary to the service-connected left knee disability. The Veteran is also required to provide authorization for VA to obtain his private treatment records from October 2016 onwards and a VA examination to assess the current severity of his left knee disability.

The Board has remanded the Veteran's claims for service connection due to concerns about the sufficiency of evidence and need for additional examinations.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination reports and incomplete development of stressor allegations. The issues include PTSD, depression, anxiety, bilateral ankle condition, bilateral knee condition, and low back disability.

The Board has remanded the Veteran's claims for service connection for various conditions due to additional pertinent medical records and lay statements being associated with his case after previous Statements of the Case (SOCs). The Veteran was requested to provide a waiver for AOJ review, but instead requested that his case be sent back to the AOJ. The Board will issue an SSOC considering all evidence obtained since the last SOC.

The Board has remanded the claims for service connection for right knee disability, left knee disability, and lumbosacral strain due to inadequate opinions regarding their etiology.

The Board has remanded several claims, including those for increased ratings for lumbar degenerative disc disease and bilateral lower extremity radiculopathy. The Veteran's TDIU claim is also being remanded due to the inextricable link with her back disability.

The Board has granted service connection for obstructive sleep apnea and remanded the remaining claims of low back disability, right knee disability, bilateral wrist disabilities, and bilateral finger neuropathy.

The Board has remanded the claims for service connection for bilateral hip symptoms/degenerative disc disease of the hips and an acquired psychiatric disorder other than PTSD due to procedural issues.

The Board denied service connection for arthritis of the spine (claimed as low back pain) and a neck condition, finding that there was no evidence linking these conditions to active duty service.

The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities, specifically degenerative joint disease of the lumbar spine and related radiculopathy.

The Veteran's low back disability is being remanded for further examination and development, including obtaining employment records from his former employers. His increased rating claim and TDIU claim are also being remanded.

The Board has remanded the case for further examination and opinion regarding whether a lumbar spine disorder is aggravated by service-connected right knee arthritis or prostate cancer residuals. The current back condition is less likely as not to be aggravated by these conditions.

The Board has granted service connection for bilateral hand nerve damage, but denied service connection for bone disorder, bilateral elbow nerve damage, neck condition, and back disorder.

The Veteran's initial claim for a higher rating for cervical spine disability was denied. However, he was granted separate ratings of 20 percent each for right and left upper extremity radiculopathy associated with his service-connected cervical spine disability from March 13, 2017. He was also granted a separate rating of 30 percent for left upper extremity radiculopathy from November 4, 2019. Service connection for headaches as a neurological abnormality associated with his service-connected cervical spine disability was also granted.

The Veteran's request to reopen his claim for service connection for PTSD was denied. The Board found that the evidence did not show a current diagnosis of PTSD and thus could not be material to reopening the claim. Service connection for a lumbar spine disorder was also denied as there was no link between the condition and service.

The Board has remanded the Veteran's claims for a new VA examination to assess his lumbar spine and lower extremity neuropathy conditions, as well as for authorization of private treatment records.

The Board has remanded the claims for service connection for radiculopathy of the bilateral upper extremities as secondary to a service-connected back disability, an evaluation in excess of 10 percent for service-connected degenerative spondylolisthesis of the lumbar spine prior to March 4, 2017, and in excess of 20 percent thereafter, an effective date earlier than March 4, 2017, for the grant of service connection and separate rating for radiculopathy of the left lower extremity, and a total disability rating based on individual unemployability (TDIU) prior to October 22, 2016.

The Veteran's nasal disability, resulting in a persistent septal perforation causing headaches, pain, tenderness of the sinuses, and constant purulent discharge, is rated at 50 percent. The Veteran's lumbar spine disability, with multilevel degenerative changes and productive of forward flexion limited to 60 degrees with pain, but no ankylosis or other severe manifestations, is rated at 20 percent.

The Veteran's low back injury with radiculopathy of the bilateral lower extremities is rated at 60 percent, and a higher rating in excess of this has been denied.

The Board has remanded the claims of entitlement to service connection for chicken pox and a low back disorder due to new evidence submitted by the Veteran. The effective date for the grant of service connection for tinnitus is denied.