Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and further development is needed.

The Veteran's claim for SMC based on regular need for aid and attendance is remanded due to the lack of adequate contemporaneous medical examinations. The Board finds that new VA examinations are needed to assess the current state of his service-connected disabilities and their impact on his ability to perform activities of daily living.

The Veteran's claims of service connection for right knee, stomach, back, and neck disorders have been reopened due to the submission of new evidence. However, his claims for these conditions remain denied as there is no current diagnosis or evidence linking any of these conditions to his military service.

The Veteran's appeal is remanded for additional examinations and opinions to determine the etiology of his claimed conditions, including service connection.

Your initial claim for a rating exceeding 20 percent for degenerative disc disease of the lumbar spine with spinal stenosis and spondylolisthesis from November 28, 2013 to December 17, 2014 was denied. Your appeal has been dismissed as there is no longer a case or controversy before the Board concerning this period.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to pending procedural actions.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to delays in scheduling VA examinations, and requests additional development of his medical records.

The Veteran's service-connected back condition rendered him unable to secure and follow a substantially gainful occupation prior to July 11, 2014. The Board granted TDIU on an extraschedular basis for this period.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's back condition is related to her service. The examiner needs to provide a clear opinion on this matter.

The Board dismissed the Veteran's claims of service connection for depression, sarcoidosis, bilateral hearing loss, a bilateral knee disorder, and a low back disorder due to his death.

The Veteran's migraine headaches are currently rated at the maximum schedular rating of 50 percent, and an effective date prior to December 9, 2017, is denied.,PTSD was granted a 30 percent disability rating in June 2016, which was continued in May 2018. A 50 percent rating for PTSD is now effective from December 9, 2017.,The Veteran's lumbar spine disability and sciatic nerve radiculopathy were initially rated at 10 percent each, with a 40 percent rating for the lumbar spine and 20 percent ratings for both lower extremities granted in August 2018. The effective date is December 9, 2017.,PTSD was granted a 30 percent disability rating in June 2016, which was continued in May 2018. A 50 percent rating for PTSD is now effective from December 9, 2017.

The Board denied the Veteran's claim of service connection for a lumbar spine condition, finding that his current condition is not etiologically related to an in-service injury or disease and does not meet the criteria for secondary service connection.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected cervical spine degenerative disc disease at C4-C6, finding that the current symptoms do not warrant a higher rating.

The appeal pertaining to the issue of entitlement to service connection for depression is dismissed. The Veteran's back disorder, diagnosed as lumbar intervertebral disc displacement, lumbar stenosis, spinal instabilities, low back pain, lumbar radiculopathy, and multilevel disc degeneration, is related to his military service. The appeal pertaining to the initial rating in excess of 30 percent prior to February 6, 2019, and in excess of 70 percent thereafter for PTSD is remanded.

The Board has remanded the TDIU claim due to new service-connected disabilities and incomplete employment information. The AOJ is instructed to obtain updated employment information and consider all service-connected conditions in determining eligibility for a TDIU.

The Veteran's claims for higher ratings for his right ankle sprain, right knee strain, and lumbar spine strain are being remanded due to the need for additional VA examinations to address the presence of flare-ups and repetitive motion.

The Veteran's claim for increased ratings for his cervical spine and shoulder acromioclavicular joint disabilities is denied. The rating for the cervical spine disability remains at 30 percent, effective January 24, 2018.

The Board has remanded the cases due to a lack of a contemporaneous VA examination for the Veteran's degenerative arthritis of the thoracolumbar spine and because the issues are inextricably intertwined.

The Board has granted service connection for a low back condition and left and right knee conditions, finding that the evidence is at least in equipoise as to whether these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board has denied service connection for hearing loss and lower back condition due to failure of the Veteran to report for a VA examination. The Board has also remanded issues regarding left lower leg condition and arthritis as there is insufficient evidence on record.