Back / lumbar spine decisions — 2020

The Veteran's service-connected lumbar spine, bilateral knee disabilities, and adjustment disorder with mixed anxiety and depressed mood are being remanded for additional examinations to assess their current severity.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has remanded the case to obtain additional VA treatment records and conduct a new examination.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment from October 18, 2013. The Board has granted a TDIU for this period.

The Board denied service connection for bilateral hearing loss, back disability, and migraines due to lack of new and material evidence. Service connection for substance abuse was also denied as it is not secondary or aggravated by a service-connected condition.

The Veteran's claims for bilateral hearing loss and tinnitus were granted, while the claim for degenerative disc disease of the lumbar spine was denied.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted increased ratings, but only for periods after specific dates. The original rating remains unchanged.

Service connection is granted for degenerative arthritis of the right knee and left knee. Service connection is denied for bilateral pes planus, low back disorder, residuals of a left leg fracture, left ankle disorder, right ankle disorder, right hallux valgus (bunions), and left hallux valgus (bunions). The cases are remanded for further action.

The Board has remanded the cases for further development due to insufficient medical evidence. The Veteran's dystonia, thoracolumbar spine condition, and cervical spine condition associated with dystonia are all rated at 30 percent each.

The Board has remanded the Veteran's claims for lumbar spine disability and acquired psychiatric disorder due to a lack of medical opinion regarding their relationship to service. The Veteran testified that his back injury occurred during a violent storm while aboard ship, but no VA examiner has provided an opinion on this issue.

The Veteran's appeal for service connection for a bilateral arm condition has been withdrawn. The Board finds that remand is warranted for the issues of service connection for back disability, hypertension, thyroid disability, tinnitus, sleep apnea, and GERD.

The Board has determined that additional development is necessary for the Veteran's claims of a disability rating greater than 10 percent for his back disorder and total disability based on individual unemployability (TDIU). The appeal is, therefore, REMANDED as directed.

The Veteran's claim for service connection for a bilateral hip disability was reopened and granted. Service connection is also granted for an acquired psychiatric disorder (major depressive disorder), but denied for left knee, low back, cervical spine, and right shoulder disabilities.

The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's lumbar spine disability, specifically his service-connected degenerative disc disease and degenerative joint disease. The Veteran needs a VA examination to assess the extent of his functional impairment during flare-ups.

The Veteran's claims for an increased evaluation of his service-connected left thoracic spine strain and for service connection of a lumbar spine disorder are being remanded due to the need for additional development, including obtaining medical records and verifying periods of active duty.

The Veteran's claim for service connection for a lumbar spine disability, skin cancer (basal cell carcinoma and squamous cell carcinoma), lung disability (chronic obstructive pulmonary disease and emphysema), and prostate disability is granted due to presumed exposure to Agent Orange during his service in Vietnam. However, the claims are denied as there is no evidence of record linking these disabilities to service or a service-connected condition.

The Veteran withdrew his appeals for the service connection claims and the reopening of a pneumonia claim before the Board could make a decision.

The Board has remanded the claims for service connection and increased ratings due to failure of the Veteran to appear at scheduled VA examinations. The examinations will be rescheduled, and additional records from private sources may need to be obtained.

The Veteran's claims for higher ratings for his back disability, right lower extremity radiculopathy, and sinusitis have been denied. The initial increased ratings of 20 percent for the back disability, 10 percent for the right lower extremity radiculopathy, and 30 percent for sinusitis are effective September 28, 2018.

The Veteran's claim for an increased rating of his back disability is remanded due to the inadequacy of the October 2015 VA examination and the need for a new examination that adequately addresses the current severity of his condition.

The Veteran's appeal is being remanded for further development, including VA examinations and obtaining SSA disability records. The focus of the appeal is on whether his service-connected disabilities meet the criteria for automobile and adaptive equipment benefits.