Back / lumbar spine decisions — 2020

The Board has reopened the previously denied claim of service connection for a back condition and found that new and material evidence was received. However, it is still denied as there is no evidence showing that the current diagnosis of lumbar spine fusion L4/5 and L5/S1 began during service or is related to an in-service injury.,The Board has also reopened the previously denied claim of service connection for urethral stricture and found that new and material evidence was received. However, it is still denied as there is no evidence showing that the current condition began during service or is related to an in-service injury.

The Veteran's claims for sleep apnea and a sleep disturbance are remanded due to incomplete service records.,The Veteran's claims for low back disability and associated peripheral neuropathy are remanded due to incomplete service records.,The Veteran's claim for COPD is remanded due to incomplete service records.,The Veteran's claim for exposure to tuberculosis is remanded due to incomplete service records.,Incomplete VA treatment records are needed for all claims.,Outstanding private and federal records need to be obtained for the Veteran’s claims.,A VA examination is required to determine the nature and etiology of the Veteran's sleep apnea, sleep disturbance, low back disability, peripheral neuropathy, COPD, and tuberculosis.

The Veteran's combined service-connected disabilities were evaluated as 100% disabling prior to August 1, 2016. From August 1, 2016, the criteria for entitlement to a TDIU have been met.

The Veteran's TDIU claim was denied as his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.,SMC based on the need for regular aid and attendance of another person from November 2014 through February 2015 was granted, but after that period it was denied.

The Board has determined that the claims for service connection for degenerative changes of the thoracolumbar spine and PTSD are remanded due to insufficient evidence. The appellant's symptoms have fluctuated, and further development is needed.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to non-service-connected conditions such as obesity and amputation.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further verification of his National Guard service. The AOJ is instructed to obtain missing medical records, verify his periods of active duty, and consider possible undiagnosed illness or medically unexplained multi-symptom illness if confirmed.

The Board denied the Veteran's claim for service connection for a low back condition, finding that there was no evidence of in-service injury or chronicity of symptoms. The VA examiner concluded that the current degenerative changes were not related to the assault during service.

The Board has remanded the Veteran's claims for bilateral pes planus and low back condition due to insufficient development. The Veteran is seeking service connection for these conditions, which are currently denied.

The Board has granted service connection for a low back disability and secondary service connection for radiculopathy of the bilateral lower extremities, finding that these conditions are related to the Veteran's military service.

The Board denied service connection for non-allopathic pelvic, sacral, and lumbar lesions and chronic pain syndrome as the Veteran did not have a current diagnosis of these conditions.

The Veteran's claim for service connection for a back condition was reopened due to the submission of new and material evidence. The case is now remanded for further examination and opinion regarding the etiology of her current back disability.

The Veteran's lumbosacral strain, now with degenerative disc disease prior to August 1, 2019, is denied a rating in excess of 10 percent.,The Veteran's lumbosacral strain, now with degenerative disc disease from August 1, 2019, is denied a rating in excess of 20 percent.

The Board has determined that the Veteran's back and neck disabilities, as well as his headaches (including as secondary to a neck disability), are not service-connected due to insufficient evidence. The case is being remanded for further examination and medical opinions.

The Veteran's left ankle disability was rated at 10 percent prior to October 15, 2018 and increased to 20 percent thereafter. The claim for a higher rating is denied.,TDIU was granted effective October 15, 2018, but the pre-October 15, 2018 period is not considered due to lack of minimum schedular requirements.,The Veteran's service-connected disabilities did not meet the criteria for TDIU prior to October 15, 2018.

The Board has decided to remand the cases for further development to confirm the Veteran's periods of service, particularly her ACDUTRA from July 29, 2017 to August 12, 2017.

The Board has remanded the claims for lumbar spine disability and schizophrenia due to incomplete service records, lack of compliance with previous remand directives, and need for further development including obtaining Army Reserve and National Guard records.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and reconsideration of his original claims.

The Board has reopened the claims for service connection for a back disability and an acquired psychiatric disorder (PTSD). The issues of service connection for other conditions are remanded due to lack of complete VA treatment records.

The Board has remanded the claims for service connection and rating of the Veteran's right knee disability, as well as her left knee arthritis and arthritis of the lumbar spine. The issues include whether new and material evidence has been received to reopen these claims, and a VA examination is needed to assess the current severity of the right knee disability.