Back / lumbar spine decisions — 2020

The Board has remanded the case for further development, including readjudication of the claim for an increased initial disability rating for depression and consideration of TDIU on both schedular and extraschedular bases. The Veteran's service-connected disabilities have not met the disability rating percentage thresholds for TDIU on a schedular basis.

The Board has decided to remand the case due to inadequate examination in determining if the Veteran's low back disability is related to his service or secondary to his service-connected disabilities. The case will be returned for further evaluation.

The Veteran's appeal for a higher rating for anxiety disorder, not otherwise specified was denied. The Board also found that there is insufficient evidence to establish service connection for the lumbar spine disability and left knee strain.

The Veteran's claim for a compensable disability rating for a posterior trunk scar was dismissed. A 40 percent disability rating for his thoracolumbar spine disability is granted, effective September 30, 2018, and TDIU is granted beginning April 16, 2003.

The Veteran's claim of service connection for erectile dysfunction, coronary artery disease, tension headaches secondary to PTSD, sleep apnea secondary to PTSD, and back disability was denied. The Veteran is granted service connection for these conditions with initial ratings assigned.

The Board has decided that the Veteran's low back disability may be related to her active service, specifically during basic training. However, due to insufficient evidence and need for further examination, the case is being remanded.

The Board denied service connection for urinary tract infections and remanded issues regarding increased disability ratings for lumbosacral strain, right knee, and left knee.

The Veteran's TDIU claim for PTSD is granted, and his appeals for service connection of neck disability and back disability, as well as an increased rating for PTSD are dismissed.

The Board has granted service connection for a low back disability, but denied service connection for a right knee meniscus tear. The low back condition is presumed due to continuity of symptoms since service. The right knee issue was denied as there is no current diagnosis of a separate right knee disability.

The Board denied service connection for hemorrhoids and severe herniated/bulging spinal disc lumbar spine (low back disability) as there was no evidence linking these conditions to the Veteran's active military service.

The Veteran's service-connected disabilities do not prevent her from securing and maintaining substantially gainful employment.

The Board has found the January 2017 VA examination inadequate and remands for a new examination to determine the severity of the Veteran's service-connected low back disability, including any flare-ups and incapacitating episodes.

The Board denied service connection for a back disability, concluding that the evidence does not support a finding of etiology between the Veteran's current back condition and his military service.

The Veteran's lumbar facet arthropathy and lumbar spinal stenosis are currently rated at 20 percent, but the Board has ordered a remand to assess whether his condition warrants a higher rating.

The Board has determined that the Veteran's lumbarization of S1 with spondylolisthesis and arthritis, claimed as a low back condition, is service-connected due to aggravation by an in-service injury.

The Board has decided to remand the case due to issues with the hearing officer's questioning and lack of discussion on service connection. The Veteran is asked to provide more details about his back injury during service and any associated symptoms.

The Board has remanded the Veteran's claims for service connection due to his failure to report for VA examinations. The issues of entitlement to service connection for an acquired psychiatric disorder, ear condition, and low back condition are also being remanded.

The Veteran's claim for service connection for lumbosacral strain has been reopened, and the Board finds that his lumbar spine internal disc derangement is related to his service-connected conditions. The issues of residuals from stress fractures to bilateral tibia and metatarsals, initial rating for service-connected bilateral feet conditions, ratings in excess of 20 percent for service-connected residuals of stress fracture of the right proximal femur with right hip flexor strain and left proximal femur with left hip flexor strain, and TDIU are remanded.

The Board has remanded the claims for service connection and TDIU due to insufficient evidence in the original decision. Specifically, a new VA examination is needed to address the Veteran's back disability claim, including consideration of his lay statements and service treatment records.

The Veteran's service-connected disabilities make it impossible for him to secure and maintain gainful employment, so a total disability rating based on individual unemployability is granted.