Back / lumbar spine decisions — 2020

The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for left hip and low back disabilities are remanded due to the need for additional development, including obtaining medical records from Elmendorf AFB hospital.

The Board has remanded the claims for service connection due to lack of available service treatment records and an inaccurate request for radiation exposure information. The Veteran's bladder cancer is presumed not related to ionizing radiation, but his degenerative arthritis may be related to ionizing radiation or his bladder cancer.

The Veteran's service-connected neck disability, back disability, and right and left upper extremity disabilities are being remanded for further evaluation.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for lumbar spine, cervical spine, right knee, and left knee disorders. The case is being remanded to obtain an addendum opinion from the examiner who conducted the July 2018 VA knees and spine examinations.

The Veteran's claims for increased ratings for degenerative disc disease of the thoracic and cervical spines were denied as his range of motion did not meet the criteria for a higher rating.

The Board has decided to remand the Veteran's claims for a higher rating for his lumbar spine disability and service connection for an acquired psychiatric disorder due to conflicting findings from VA examinations, unclear functional loss estimates, and the need for additional development.

The Veteran's appeal for service connection for an upper back disability was dismissed due to his withdrawal of the claim. The Board also remanded the issue of service connection for a skin rash.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's back disorder. The claims are now pending for further evaluation.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is currently rated at 20 percent, but denied for a higher rating prior to February 27, 2019.

The Board has found that additional development is necessary due to outstanding SSA records and a need for more recent VA examinations. The case is being remanded for these purposes.

The Board denied the Veteran's claims for a rating in excess of 40 percent for lumbar strain and TDIU based on service-connected disabilities. The evidence did not show ankylosis or incapacitating episodes, which are required for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After this date, he was granted a 30 percent rating for limitation of extension and a 20 percent rating for meniscal tear.,Major depressive disorder was rated at 30 percent, which is the maximum available under Diagnostic Code 9434.,Degenerative disc disease (low back disability) was rated at 40 percent, but not higher due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.,Erectile dysfunction received a non-compensable rating.

The Board has determined that the Veteran's low back disorder did not manifest during service or within one year of discharge, and is not otherwise attributable to service. Therefore, the claim for service connection for a low back disorder is denied.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and need for further examination. The claims will be reconsidered after obtaining additional information.

The Veteran's PTSD is rated at 70 percent since May 2, 2012. He also received a TDIU effective from May 2, 2012.,The decision grants the Veteran a higher rating for his PTSD and confirms he is eligible for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's back condition and right knee disability are granted as service-connected. The Veteran's headaches have been remanded for further evaluation.

The Veteran's appeal is remanded due to the need for additional examinations and treatment records.

The Board has decided to remand the claims for increased ratings for low back disability and bilateral knee disabilities due to missing treatment records and possible worsening of symptoms.

The Board's decision is revised to deny the claim of entitlement to special monthly compensation (SMC) at the housebound rate, effective July 12, 2013.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of an in-service injury or disease and no continuity of symptomatology. The Board also noted that the Veteran's low back disorder was not shown to be related to his military service.