Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include an acquired psychiatric disorder, lumbosacral strain, and conjunctivitis.

The Board has remanded the case due to incomplete documentation of the Veteran's periods of active duty for training and inactive duty for training. The AOJ is required to compile a complete list of all periods of service, with ACDUTRA and INACDUTRA separately listed, and document the file in accordance with 38 C.F.R. § 3.159(e).

For the period prior to November 5, 2018, the Veteran's thoracolumbar strain with IVDS was rated at 40 percent.,For the period starting November 5, 2018, a higher rating for the Veteran's thoracolumbar strain with IVDS is denied.,The Veteran's cephalgia/occipital neuralgia has not been assigned a compensable rating.

The application to reopen the claim of entitlement to service connection for a back disorder is granted. The application to reopen the claim of entitlement to service connection for an anxiety disorder is also granted.

The Veteran's appeal is remanded for additional examinations and development of the record to determine appropriate ratings and service connection.

The Board has determined that additional development is needed to properly evaluate the Veteran's service-connected degenerative disc disease of the thoracolumbar spine, and thus remands the case for further action.

The Board has found that the Veteran's lower back disability, right hip disability, and hepatitis C were not shown in service or related to an in-service injury or disease. The claims for these conditions are denied. The claim for a TDIU is also remanded as it is inextricably intertwined with the rating issue.

The Veteran requested to withdraw his claim of entitlement to service connection for lumbosacral strain, and the appeal is dismissed.

The Board has remanded the Veteran's claims for service connection for a neck condition, back condition, and left-knee condition due to insufficient evidence regarding his in-service injuries.

The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine disability and left lower extremity radiculopathy due to inadequate examination reports. The Veteran needs a new VA examination to assess current functional impairment resulting from his service-connected lumbar spine disability, including any associated neurological impairment.

The Board has decided to remand the Veteran's claims for back, left knee, and right knee disabilities due to the need for additional supporting evidence. The Veteran will be required to provide any outstanding medical records and undergo VA examinations to assess the severity of his conditions.

The Board has decided to remand the cases of service connection for a back condition and epilepsy/seizure disorder due to insufficient medical opinions regarding their etiology. The Veteran's claims are being returned to VA for further examination.

The Board denied service connection for low back, left eye, and left lower extremity disorders. The Veteran's low back disorder was not shown to be related to his active duty service or otherwise etiologically related to a condition incurred in service. His left eye disorder is attributed to natural changes due to ultraviolet sunlight exposure rather than an injury during service. His left thigh disorder has no direct link to his active duty service.

The Veteran's right and left knee DJD are currently rated at 10 percent each, but the Board finds that a higher rating is not warranted due to lack of additional limitation in motion or functional loss.,The Veteran's lumbar spine DDD is remanded for further development as there is conflicting evidence regarding the presence of radiculopathy and missing treatment records.

The Board has granted the Veteran's claim for service connection for a low back disorder, including lumbosacral strain and degenerative disc disease of the lumbar spine. The decision is based on evidence showing that the current condition is related to in-service symptoms.

The Board has found that more development is necessary and the case must be remanded for issuance of a Supplemental Statement of the Case (SSOC) to address the increased rating claim for chronic lumbar strain.

The Veteran's increased ratings for left and right lower extremity radiculopathy have been granted, with a 20% rating each. The restoration of the 20% rating for his back disability effective August 12, 2016 has also been granted.,The Veteran’s claim for an increased rating in excess of 20% for his back disability is remanded and will be adjudicated again.

The Board has denied the Veteran's claims for service connection for lumbar spine disability, right and left lumbar radiculopathy due to a lack of evidence showing these conditions were incurred in or aggravated by military service.

The Board has remanded the claims for service connection due to a failure to obtain Social Security Administration records.

The Board denied service connection for a lumbar spine disability and depression secondary to the lumbar spine disability. The Veteran's lumbar spine disability was not shown as chronic in service or within the applicable presumptive period, and continuity of symptomatology is not established. His depression is not related to his active service.