Back / lumbar spine decisions — 2020

The Board has remanded the case due to outstanding SSA records that may be relevant to the Veteran's claim for service connection for his back condition.

The Board has decided to remand the Veteran's claims for service connection for a right knee disability and for special monthly compensation (SMC) based on housebound status due to insufficient medical opinions addressing the etiology of his claimed disabilities and whether they preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, bilateral upper and lower radiculopathy, cervical spine arthritis, tinnitus, and right wrist disability, negatively impact his employability. The Board has remanded to further develop information about his past employment history.

The Board has remanded the Veteran's claims for service connection due to a lack of proper development and examination. The Veteran is seeking service connection for degenerative disc disease lumbar spine, which he contends was caused by his service-connected right foot fracture and/or left knee replacement/subpatellar bursitis. He also seeks service connection for residuals of a jaw injury, including TMJ disorder.

The Board denied service connection for Obstructive Sleep Apnea, finding that the Veteran's current diagnosis did not have its onset during service or was related to an in-service injury or disease.,Service connection for Lumbar Spine Disability is remanded due to a duty-to-assist error.

The Veteran's claims for an earlier effective date were denied. The Board found that there was no medical evidence to support a factually ascertainable increase in disability prior to August 9, 2018 for bilateral flat feet and left lower extremity radiculopathy of the sciatic nerve. For lumbar degenerative arthritis, IVDS and spinal stenosis, the effective date is set at August 9, 2018.

The Veteran's TDIU and SMC claims for his service-connected low back, neck, and psychiatric disabilities prior to June 3, 2011 were denied as the evidence did not show that he was unemployable due to these conditions alone.

The Veteran's claim for a disability rating in excess of 10 percent for his lumbosacral strain is remanded due to the need for a new VA examination to assess current severity and functional loss.

The Veteran's claims for service connection for diabetes mellitus type II, increased rating for lumbar spine disability, and initial compensable rating for bilateral feet disabilities have all been denied. The Board found that there was no evidence of in-service incurrence or a nexus to service for the diabetes claim, and the current ratings were deemed appropriate for the lumbar spine and bilateral feet disabilities.

The Board has determined that new evidence received after the January 2012 denial warrants readjudication of the claim for service connection for lumbar spine disability. The case is now remanded to determine if the Veteran's current lumbar spine disability is related to his military service.

The Board has determined that there was a pre-decisional duty to assist error due to the lack of an adequate medical opinion addressing the issue of nexus for the Veteran's current back condition. The case is being remanded for further development and consideration.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as he failed to cooperate with VA's efforts in obtaining information and evidence needed to substantiate his TDIU claim.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as evidenced by his employment history and the lack of cooperation in obtaining information for his TDIU claim.

The Veteran withdrew their appeals for increased ratings of low back strain with IVDS and degenerative arthritis, as well as initial ratings for radiculopathy of the right and left lower extremities.

The Veteran's back disability is currently rated as 20% prior to January 23, 2020 and 40% beginning January 23, 2020. The Veteran's depressive disorder is currently rated as 70%. These ratings are denied.,For the period prior to January 23, 2020, the Veteran's back disability was not found to warrant a higher rating due to lack of evidence showing flexion limited to 30 degrees or less, or combined thoracolumbar spine ROM of 120 degrees or less.,Beginning January 23, 2020, the Veteran's back disability is rated as 40%. The Board found no ankylosis and thus did not find a higher rating under Diagnostic Code 5242. The Veteran was also not found to have incapacitating episodes requiring bed rest prescribed by a physician.,The Veteran's depressive disorder is currently rated as 70%, which the Board found not to warrant a higher rating due to occupational and social impairment with reduced reliability and productivity, but without total social or occupational impairment.

The Veteran's lumbar strain with intervertebral disc syndrome has been granted initial and increased ratings. The skin disability claim is remanded due to inadequate examination.,For the period from June 21, 2011 to September 16, 2013, the Veteran’s lumbar strain was rated at 20 percent. From September 17, 2013 to December 2, 2019, it was rated at 40 percent. For the period from December 3, 2019 onward, a higher rating is denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate VA examinations. The issues include his service-connected lumbar spine, left knee, and right knee disabilities.

The Board has remanded the Veteran's claims of service connection for lower back condition, neck burn injury residuals, and face burn injury residuals due to incomplete compliance with previous remand directives. The Veteran is required to submit photographs of his burn residuals and undergo a VA examination by a dermatologist.

The Veteran's claims for PTSD, an acquired psychiatric disorder (including anxiety condition and panic disorder), a low back condition, and a right hip condition have been remanded due to the need for additional medical opinions.,New evidence has reopened the Veteran's claims of service connection for a low back disability, a right hip condition, and an acquired psychiatric disorder.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that there is no evidence to support a nexus between his current condition and active service. The Board also found that the Veteran did not provide authorization for private treatment records related to a post-service accident which may have aggravated his back condition.