Back / lumbar spine decisions — 2020

The Veteran's claims of increased ratings and effective dates for service-connected conditions have been denied. The claim for an earlier effective date for the grant of service connection for radiculopathy of the left and right lower extremities has also been denied.

The Board has remanded the claims for service connection due to insufficient evidence and need for additional medical opinions.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his in-service injury and subsequent symptoms. The claim was remanded due to an inadequate VA opinion but the Veteran's credible reports of ongoing back pain since service were considered.

The Board has decided to remand the Veteran's claim for a lumbar spine disability as they need more information and an examination.

The Board has remanded the Veteran's claims for additional development due to inadequate opinions and missing informed consent records. The issues include compensation under 38 U.S.C. § 1151, service connection for an acquired psychiatric disorder other than depressive disorder (PTSD, unspecified anxiety disorder), a rating in excess of 30 percent for dyschezia with abnormal anal sphincter relaxation, and TDIU.

The Board has reopened the Veteran's claims of service connection for various disabilities, but these claims are still being remanded due to insufficient medical opinions regarding their etiology.,The Veteran is seeking service connection for a variety of conditions including back, knee, ankle, and brain injury issues. The VA will need to provide additional medical opinions to address the relationship between his current conditions and his military service.

The Board has remanded the claims for service connection for neck and back disabilities due to PTSD, as they are related to active service. The VA medical nexus opinions provided in December 2019 were found inadequate and not probative.

The Veteran's claims for a higher rating for degenerative disc disease of the lumbar spine and compensation under 38 U.S.C. § 1151 for residuals of Legionnaires' disease were denied.,Service connection for a neck condition was also denied.

The Board has remanded the claims for a neck condition and low back condition due to outdated VA examination, and new evidence submitted by the Veteran.

The Board has remanded the Veteran's claims for service connection for a headache disorder, increased disability ratings for left knee and lumbar spine disabilities due to inadequate medical opinions regarding the etiology of his conditions.

The Veteran's lumbosacral strain and cervical strain disabilities were denied increased ratings prior to the specified dates.,Effective date requests for TDIU and DEA benefits were also denied.

The Veteran's claim for a compensable rating prior to February 26, 2018 and in excess of 10 percent thereafter for stress fracture of the right tibia was denied. The Board found that his condition did not meet criteria for a higher rating under Diagnostic Code 5262 due to lack of malunion or other impairment affecting knee or ankle function. Service connection for lumbosacral strain as secondary to a right leg disability was also denied.

The Board has remanded the cases due to inadequate VA opinions and the need for further medical examination.

The Veteran's claims for increased evaluations of her service-connected lumbar spine, cervical spine, and knee disabilities have been denied due to the failure to appear at scheduled VA examinations.

The Board denied the Veteran's claims for service connection for osteoarthritis, 2nd metatarsal phalangeal joint, left foot; a back condition secondary to a left foot condition; and a bunion secondary to a left foot condition. The Board found that there was no aggravation of pre-existing conditions during service and that the Veteran did not have continuity of symptoms since service.

The Veteran is granted a disability rating of 100 percent for PTSD for the entire appeal period.,PTSD symptoms have resulted in total occupational and social impairment, warranting a 100% rating.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his conditions do not prevent him from securing and following a substantially gainful occupation.

The Board has denied the Veteran's claim for service connection for an upper and lower back disorder, finding that there is no evidence of a chronic disease in service or continuous symptoms since service. The Board also found that the current condition did not have onset during service.

The Veteran's appeal regarding increased rating for left shoulder disability and service connection for low back disability was denied. The Board found that the Veteran did not meet the criteria for an increased rating due to his left shoulder disability, as there was no evidence of limitation of motion to midway between side and shoulder level or worse. For the low back disability, the appeal was also denied as there is no evidence showing a chronic disease in service or during the applicable presumption period.

The Board has remanded the case due to insufficient evidence in the January 2020 opinion regarding whether the Veteran's low back condition is related to his military service, specifically after a fall in December 1975. The examiner must consider the Veteran's reports of ongoing back pain following separation from service.