Back / lumbar spine decisions — 2020

The Board has remanded the claims for service connection due to the Veteran's failure to report for scheduled VA examinations and his contention that his hip and back disabilities are secondary to his service-connected knee disabilities.

The Veteran's acquired psychiatric disorder, specifically depressive disorder, is granted service connection as secondary to his service-connected low back disability. The Veteran's low back disability remains at a 40% rating due to the current flexion limitation of less than 30 degrees.

The Board denied service connection for a back disorder, finding that the evidence did not support a link between the Veteran's current condition and his military service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disability and denied the claim, finding that there is no evidence of a current disability or in-service injury related to the condition.

The Board has remanded the case for further development and an opinion regarding the Veteran's gout. The claims for bilateral shoulder disability and low back disability are denied as there is no evidence of in-service injury or disease.

The Board dismissed the appeal regarding whether new and material evidence was received to reopen the claim for service connection for a low back disorder. The Veteran's mental/mood disorder claim is reopened, but the matter of entitlement to service connection remains remanded.

The Board has decided to remand the Veteran's claims for service connection due to incomplete records and inadequate medical opinions. The case will be returned for further development, including obtaining missing in-service hospitalization records and scheduling VA examinations.

The Veteran's claim for an increased rating for his back disability was denied. From October 26, 2006, he received a 20 percent rating for right lower extremity radiculopathy and another 20 percent rating for left lower extremity radiculopathy.

The Board has decided to remand the Veteran's claims for additional development due to new evidence submitted since the last statement of the case.

The Board has remanded the Veteran's claims of service connection for low back and right knee disabilities due to inadequate VA medical opinions. The case is being returned for additional development.

The Veteran's lumbar spine degenerative disc disease and chronic low back strain have been rated at 40 percent since December 10, 2009. The rating is granted for the period prior to that date.

The Board has remanded the issue of service connection for a neck condition due to new evidence received since the last final denial. The Veteran's claim for increased ratings and reduction in disability rating are pending, with the case being returned to the RO for further action.

The Board denied the Veteran's requests to reopen his claims for service connection for a lumbar spine disability and a right foot disability due to lack of new and material evidence.

The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.

The Board has granted service connection for a low back disability and a bilateral leg disability, finding that the evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's service-connected disabilities (lumbar spine arthritis, bilateral knee arthritis, and bilateral lower extremity radiculopathy) result in permanent loss of use of both feet. The Board grants the Veteran's claims for automobile and adaptive equipment, specially adapted housing, and SMC.

The Veteran's request to reopen her claim of service connection for PTSD is granted. The Board also grants service connection for PTSD, finding that the evidence shows a current disability and relates it to in-service motor vehicle accidents. Service connection for back disability, right knee disability, cervical spine disability, and thoracolumbar spine disability are remanded due to lack of medical nexus opinions.

The Board has remanded five claims: four for service connection and one for psychiatric disorders. The AOJ is directed to obtain SSA records related to the Veteran's disability benefits applications.

The Board has remanded the issues of service connection for back disability and increased rating for left knee disability prior to January 30, 2019. The claim for an increased rating for residuals of left total knee replacement from March 1, 2020 onwards is also remanded.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound was denied as he is not in need of such assistance due to his disabilities, which do not meet the criteria for SMP.