Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims due to conflicting medical opinions and the need for additional development.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain gainful employment, as determined by VA examiners.

The Board has reopened the Veteran's claim of service connection for a low back disability due to new and material evidence submitted since the March 2009 rating decision. The appeal is remanded for further development, including obtaining National Guard records and scheduling an examination.

The Board has remanded the Veteran's claims for service connection due to insufficient development and consideration of evidence, particularly regarding his neck and back disabilities as well as secondary service connection for an acquired psychiatric disorder.

The Board has decided to remand the cases of service connection for a cervical spine disability and low back disability due to incomplete medical records. The Veteran's attorney submitted an executed VA Form 21-4142 General Release, but the forms were not received by the Veteran.

The Board has remanded the Veteran's claims for service connection for a back condition and TDIU due to service-connected disabilities. The remand includes obtaining additional medical records, providing an addendum VA opinion on the secondary service connection claim, and issuing a supplemental statement of the case (SSOC).

The Board has determined that new and material evidence has been submitted sufficient to reopen the claims for service connection for various musculoskeletal conditions, including lower back, neck, bilateral knee, bilateral foot, left shoulder disabilities, CFS (Chronic Fatigue Syndrome), gastroesophageal reflux disease (GERD), and a sleep-related disorder. Entitlement to service connection is granted.

The Board has granted service connection for lumbar spine spondyloarthropathy with disc narrowing L3-S1 and an increased rating to 50 percent for migraine headaches.

The Veteran's tinnitus is granted service connection, while his bilateral shoulder disorder, low back disorder, bilateral hip disorder, and bilateral knee disorder are denied. The bilateral foot disorder was not addressed in the decision.

The Board has remanded the cases due to inadequate opinions regarding the relationship between the Veteran's service-connected bilateral plantar fasciitis and pes planus and his claimed left foot tendonitis, right foot tendonitis, low back disability, and neck disability. The VA must obtain additional medical opinions addressing these issues.

The Veteran's thoracolumbar spine disability was granted a 10 percent rating from June 25, 2014 to November 20, 2015, and a 20 percent rating from November 20, 2015 to August 31, 2019. For the period after August 31, 2019, the Veteran's thoracolumbar spine disability was denied any higher than a 40 percent rating.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of chronic low back disability in service or within one year after separation. The VA examiner concluded that the current lumbar spine disorder is less likely related to the in-service injury.

The appeals regarding service connection for various conditions have been dismissed due to the Veteran's death.

The Veteran's claim for a TDIU was granted with an effective date of July 25, 2014. The decision also states that no earlier effective date is warranted.

The Veteran's claim for higher ratings for his service-connected lumbar spine and lower extremity radiculopathy was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome (IVDS).

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's back disability, requiring a new examination and review.

The Veteran's appeal for a higher rating for his bilateral hearing loss and degenerative disc disease of the lumbar spine prior to June 6, 2014 was denied. His claim for a higher rating from June 6, 2014 to February 25, 2016 was also denied.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to insufficient evidence and need for further examination.

The Veteran's service connection claims for lumbosacral spondylosis, lumbar degenerative disc disease, L1 vertebral compression fracture, multilevel facet changes and osteophytes at C3 through C7 along with multilevel degenerative disc disease, tension headaches, and right shoulder disability are all granted. The claims for service connection for right hip disorder and right elbow are remanded.

The Board has granted service connection for a lumbar spine disorder but remanded the cervical spine disorder claim due to insufficient medical opinion regarding pre-service and aggravation by service.