Back / lumbar spine decisions — 2020

The Board has denied an increased rating for the Veteran's service-connected lumbar strain with degenerative disc disease, finding that it does not meet the criteria for a higher than 20 percent disability rating.

The Board has remanded the claims of service connection for low back and cervical spine disabilities due to insufficient medical opinions. The Veteran's statements about a motor vehicle accident during service are considered credible, but further clarification is needed regarding the relationship between his current conditions and service.

The Board has determined that the Veteran's claims for increased ratings and remand are necessary due to the need for updated VA examinations, as well as for obtaining private medical records related to his PTSD and chronic headaches.

The Veteran's major depression with low back pain is granted a 100% evaluation, effective from the date of the decision. The appeal for TDIU was dismissed.

The Board has reopened several service connection claims but has remanded them for further development and medical opinions.

The Board has remanded the cases for further development due to inadequate opinions in previous examinations. The Veteran's claims are not granted as there is no evidence of a dentoalveolar fracture related to service.

The Board has remanded the claims for service connection for a cervical spine disability, increased ratings for lumbosacral and right shoulder disabilities, and TDIU due to unresolved issues regarding these conditions.

The Veteran's claim for service connection for a lumbar spine disability is reopened, and GERD is denied. The Board finds additional evidence related to the reopening of the claim but remands for further development on the merits of both claims.

The Veteran's claim for reimbursement of unauthorized medical expenses at the Mother Francis Hospital on June 6, 2014 is denied because his condition did not meet the criteria for emergency treatment and he was able to seek care from a VA facility.

The Veteran's appeal is remanded for additional development, including a VA examination to determine the severity of his lumbosacral strain with arthritis of the thoracolumbar spine between March 22, 2016 and July 24, 2019. The TDIU claim is also remanded as it is inextricably intertwined with the rating issue.

The Board has remanded the case due to procedural and duty to assist errors, as well as incomplete records of treatment for the Veteran's lumbosacral spine disability. The appeal is now before the AOJ for further development.

The Board has reopened the Veteran's service connection claim for a lumbar spine disorder and remanded it for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's claims for increased ratings are being remanded to determine the current severity of his service-connected conditions.,No effective date is assigned as the evidence does not indicate a worsening in the one year prior to March 16, 2018.

The Board has remanded all service connection and compensation under 38 U.S.C. § 1151 claims for further development due to the submission of new evidence.

The Board has granted service connection for right knee patellofemoral pain syndrome and lumbosacral strain, finding that the evidence is at least evenly balanced as to whether these conditions are related to service. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran was granted a total disability rating due to individual unemployability (TDIU) prior to December 8, 2009. The decision is based on the Veteran's service-connected disabilities and his inability to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection and increased ratings are being remanded due to missing VA treatment records, need for updated military personnel records verification of Southwest Asia service, and the need for additional examinations for sleep disturbances, chronic fatigue syndrome, and chronic headaches.

The Board denied service connection for a circulation disorder and denied increased ratings for residuals of myofascial lumbar spasm, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claim for an extraschedular rating for fibromyalgia was also denied.

The Board has granted the Veteran's claim for service connection for headaches. The claims for service connection for damaged retina with photosensitivity, back disability, and neck disability have been dismissed due to lack of jurisdiction as they were not properly appealed.

The Board has decided to remand the cases for additional examinations and evaluations, as previous examinations are too old to be considered current. The issues of increased ratings for lumbar spine disability and dizziness, and TDIU will also be remanded.