Back / lumbar spine decisions — 2020

The Veteran's hypertension and GERD ratings are granted, but her claims for service connection of various conditions are remanded due to insufficient evidence.

The appeal to reopen a claim of service connection for sleep apnea is granted. The claims for bilateral ankle disability and bilateral knee disability are denied, but the low back disability with right side radiculopathy remains under review.

The Veteran's low back disability is rated at 20 percent, and no higher.,The Veteran's left foot numbness with plantar fasciitis (left lower extremity peripheral neuropathy) is rated at 20 percent from January 10, 2019.

The Board has determined that further development is needed to obtain in-service and post-service treatment records for the Veteran's claimed conditions. The claims are being remanded for these purposes.

The Veteran's lumbar spine disability is rated at 10 percent prior to July 10, 2019 and at 20 percent thereafter. The rating for radiculopathy of the right lower extremity remains at 10 percent.

The Board has remanded three separate claims for increased ratings: lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The Veteran is to be provided with a VA examination to assess the severity of his lumbar spine disability.

Effective January 31, 2013, the Veteran received increased ratings for Ehlers-Danlos syndrome affecting his left shoulder and knees. Effective February 15, 2013, he also received additional disability ratings for recurrent dislocations of each shoulder and instability of each knee.,The effective date for the reduction in rating for chronic strain of the lumbosacral spine from 20% to 10% was January 8, 2014.

The Board has granted service connection for PTSD but denied service connection for a lumbar spine disability. The Veteran's lumbar spine condition is not related to his active duty service, while he was diagnosed with PTSD during service and continues to have symptoms attributable to it.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 18, 2019. The Board has found that a higher rating is not warranted for the period from February 26, 2013 to August 18, 2019. However, the Veteran's TDIU claim remains pending as it was previously denied and he contends he is unemployable due to his back condition.

The Board previously denied the claim of service connection for a lumbar spine disorder. The Veteran appealed, and the Court Clerk granted a JMPR which vacated the decision regarding secondary service connection as caused or aggravated by right knee instability. Further development is required to determine the nature and etiology of the lumbar spine disorder.

The Board has decided to remand the Veteran's claims for lumbosacral strain with posterior disc bulge and right lower extremity radiculopathy due to additional evidence being added to the record. The case will be returned to the agency of original jurisdiction (AOJ) for review.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and radiculopathy of both lower extremities, rendered him unable to secure or follow substantially gainful employment. The Board granted a TDIU effective December 2, 2011.

The Board has decided to remand the case due to non-compliance with prior remand directives and a need for updated treatment records. The Veteran's back disability is related to his service, including a motor vehicle accident during his October 1992 period of INACDUTRA.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his right knee, lower back, and left leg disabilities. He is required to undergo VA examinations to determine if these conditions are related to his military service.

The Board has decided to remand the cases of low back pain and right knee condition due to lack of substantial compliance with previous remand directives. The Veteran's claims for service connection are being returned for further examination and opinion.

The claims of entitlement to service connection for bronchitis and stomach ulcers have been reopened, and the appeals are granted. The remaining issues remain in remand status.

The Board has remanded the Veteran's claims for OSA, right and left lower extremity radiculopathy, and GERD due to evidence indicating their service-connected disabilities have worsened since the last VA examinations.

The Board has granted an effective date of October 15, 2009 for the Veteran's award of a TDIU due to his service-connected degenerative joint disease of the lumbar spine. The evidence consistently reflects severe back pain that effectively precluded the Veteran from engaging in activities of daily living and interfering with virtually every aspect of his life.

The Board has remanded the claim for a total disability based on unemployability (TDIU) due to issues with the Veteran's credibility and incomplete examinations. New VA examinations are needed to assess his service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete information regarding her reported flare-ups. The case is returned to the AOJ for further development.