Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claim for service connection for a lumbar spine disability due to inadequate examination and failure to provide a new one. The case will be returned to the RO for further action.

The Board has granted service connection for a lumbar spine disability, sciatica of the left lower extremity (LLE), and sciatica of the right lower extremity (RLE). The Veteran's current conditions are found to be etiologically related to his active duty service.

The Board has remanded the Veteran's claims for service connection for low back and right foot disabilities due to their potential relationship with his service-connected right knee disability. The case will be reviewed on its merits, including obtaining additional medical opinions regarding whether the Veteran's conditions were caused or aggravated by his right knee condition.

The Board has vacated the denial of service connection for a lumbar spine disability and remanded the case to arrange for a VA medical examination.

The Veteran's lumbosacral strain and cervical spine disability have been remanded for further development.,Specifically, the issues of increased ratings for lumbosacral strain and cervical spine disability are being addressed.

The Board has remanded three increased rating claims and the TDIU claim due to new evidence submitted by the Veteran. The issues will be readjudicated based on all available evidence.

The Board denied service connection for the Veteran's claimed lumbar spine degenerative disc disease (DDD) as it did not find a causal relationship between his current condition and his military service.

The Board has granted service connection for the Veteran's back condition and left hip condition as secondary to his back condition. The decision is based on medical opinions that link the current conditions to the in-service injuries.

The Board has remanded several issues for further development, including additional VA examinations and studies to determine the current nature of the Veteran's conditions and their relationship to service. The issues include increased ratings for lumbar spine and cervical spine disorders, a rating increase for PTSD, a separate compensable rating for esophageal stricture, and service connection for erectile dysfunction.

The Board has dismissed the Veteran's appeals for increased ratings for a low back disability and tinea pedis, a temporary 100 percent rating for PTSD, and service connection for a cardiac condition, bilateral knee disabilities, erectile dysfunction, and urinary incontinence. The claims of service connection for obstructive sleep apnea have been reopened.

The Veteran's thoracolumbar spine disorder is rated at 20 percent from June 25, 2008, to September 4, 2008. From September 5, 2008, to January 13, 2010; in excess of 40 percent from January 13, 2010, to September 26, 2011; and in excess of 40 percent since January 1, 2012. The Veteran's TDIU claim is denied.

The petition to reopen the claim for service connection for PTSD was denied. The Veteran did not provide new and material evidence that would meet the criteria for reopening.,The petition to reopen the claim for service connection for type II diabetes mellitus was granted. Evidence submitted since the July 2005 RO denial related to an unestablished fact necessary to substantiate the claim.

The Board has remanded the claims for service connection due to the Veteran's failure to appear for scheduled VA examinations. The examinations must be rescheduled as there is no evidence showing that the Veteran received proper notice of his scheduled VA examinations.

The Board has denied the Veteran's claims of service connection for residual injuries of the liver and a lower back condition, finding that there is no evidence to support these claims based on the lack of in-service injury or disease.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder, a left knee disorder, and a back disability due to inadequate medical opinions in previous examinations.

The Veteran's PTSD symptoms have resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating.,Right ear hearing loss was not found to meet the criteria for a compensable disability rating.

The Board has found that the Veteran does not have a currently diagnosed hearing loss disability for VA purposes and his sleep apnea is not related to service. The back disability and acquired psychiatric disorder claims are remanded as there is insufficient evidence to determine their etiology.

The Veteran's service-connected chronic low back strain is currently rated at 20 percent, and the Board denied a higher rating.,The Veteran's service-connected schizoaffective disorder (previously rated as psychotic disorder NOS) was granted an initial disability rating of 70 percent for the period from January 26, 2009 to May 9, 2019. The Board denied a higher rating for the entire appeal period.,The Veteran's claim for TDIU for the portion of the appeal period prior to April 14, 2016 was granted.

The Board has remanded the Veteran's claims for service connection for PTSD and a lumbar spine disorder due to insufficient evidence. The Veteran will need to provide additional information about his in-service stressors and undergo VA examinations.

The Board has remanded several claims due to the failure to address whether the assigned effective dates for increased ratings were proper. The appellant must be provided with a Statement of the Case (SOC) regarding these issues.