Back / lumbar spine decisions — 2020

The Veteran's claim for increased rating and service connection for various disabilities are being remanded due to the need for additional medical opinions.

The Board has remanded the cases for further development due to inadequate examinations and incomplete records. The Veteran's left-hand contusion and low back disorder are both being reviewed.

The Board has remanded the issues of service connection for a lumbar spine disorder, right ankle disorder, and bilateral foot condition (including bilateral flat feet and bilateral plantar fasciitis).,No rating assigned as this is an appeal decision.

The Board has remanded the case due to inadequate verification of the Veteran's duty status during his USAR service from 1998 to 1999 and for obtaining updated VA treatment records.

The Board has decided to remand the case due to inadequacies in a previous VA examination, and a new examination is needed to determine if the Veteran's low back disability is related to service.

The Board has remanded the Veteran's claims for further development due to incomplete medical records and a need to obtain additional evidence from private providers.

The Veteran's claims for service connection for right foot disability, lumbar spine disability and radiculopathy of the lower extremities are being remanded due to procedural issues and the need for additional medical opinions. The claim for TDIU is also being remanded as it is inextricably intertwined with the other claims.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, so his claim for total disability rating based on individual unemployability (TDIU) was denied.

The Board has granted service connection for degenerative arthritis of the lumbar spine and an unspecified anxiety disorder, finding that both conditions are at least as likely as not related to service.

The Veteran is granted an initial 70 percent disability rating for PTSD effective December 7, 2009. The claim for a higher rating for low back disability remains denied.

The Veteran's claims for increased ratings and TDIU were denied. The rating for lumbar disability was denied prior to January 14, 2020, and from that date forward. The claim for LLE radiculopathy also failed. The Veteran's service-connected disabilities did not meet the criteria for TDIU.

The Veteran's PTSD is rated at 70 percent, and a TDIU is granted. The Board found the Veteran does not meet criteria for a higher rating due to his symptoms being less severe than those warranting a 100 percent rating.

The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran is seeking service connection for scrotum disorder, back disability, and stroke (secondary to diabetes mellitus, type 2).

The Board has determined that the Veteran does not have a current diagnosis of a lumbar spine disorder, diabetes mellitus type II, or hypertension. The claims for these conditions are therefore denied.

The Board has dismissed all claims for increased ratings and earlier effective dates due to the Veteran's death.

The Veteran's claim for an increased evaluation in excess of 20 percent for degenerative arthritis of the lumbar spine was denied, while his secondary service connection claim for a neurological disability of the lower extremities (classified as neuralgia) was granted.,The Board found that the Veteran’s complaints of nerve pain in the lower extremities are likely due to his service-connected low back disorder.

The Veteran's low back disability is currently rated at 20 percent, which does not meet the criteria for a higher rating as his range of motion and ankylosis do not warrant such. The claim for increased rating is denied.

The Board has remanded the case for a VA examination to assess the Veteran's lumbar spine disability, and to determine if he is entitled to increased ratings. The Veteran was previously denied an increased rating due to his failure to report for a scheduled examination.

The Veteran's tinnitus and PTSD have been granted service connection, with a 50% rating for PTSD. The lumbosacral strain disability has been denied an increased rating.

The Board denied service connection for the Veteran's spine disabilities, finding that there was no evidence of a nexus between his current spinal conditions and an in-service injury or disease.