Back / lumbar spine decisions — 2020

The Board has remanded the case due to an inadequate July 2015 VA examination and a need for a new VA medical opinion regarding the etiology of the Veteran's low back disability. The examiner should consider the Veteran's lay statements about his service injury and post-service symptoms.

The Board has remanded the claims of service connection for low back disability, right knee disability, and right leg venous insufficiency due to inadequate opinions in the April 2019 VA examination. The Veteran's representative provided additional medical literature that may be considered.

The Veteran's lumbar spine disability is rated at 20 percent, effective December 11, 2019. The right ankle disability is granted with a rating of 20 percent. All other claims are denied.

The Board has remanded the claims for service connection for right knee, left knee, and low back disabilities due to an inadequate addendum opinion from a VA examiner regarding whether these conditions are secondary to a service-connected bilateral ankle disability. The Veteran is requested to provide additional evidence and authorize VA to obtain relevant records.

The Board has remanded the claims of service connection for back disability and acquired psychiatric disorder due to a lack of VA examination.

The Veteran has withdrawn their appeals regarding service connection for a neck disorder, a higher initial rating for the headache disorder, and increased disability ratings for lumbosacral strain, right and left hip impairment, limitation of right and left hip flexion, and left knee painful flexion with arthritis. As such, these issues are dismissed.

The Veteran's claim for special monthly pension based on the need for aid and attendance is granted, effective June 5, 2019. The Board found that the Veteran required regular aid and attendance as of January 11, 2019.

The Board denied service connection for depression, anxiety, bilateral hearing loss, and lower back disorder. The Veteran's claims were based on direct evidence of the conditions rather than presumptive or other theories.

The Board has denied an increased rating for degenerative lumbar arthritis and IVDS, but has remanded the issue of service connection for sleep apnea.

The Board has granted service connection for low back pain, finding that it is secondary to the Veteran's service-connected left ankle condition.

The Board denied service connection for residuals of a left elbow dislocation and lumbar strain and degenerative arthritis of the thoracolumbar spine, finding that there was no credible evidence to support the Veteran's claims.

The Veteran's claim for a higher evaluation for his service-connected lumbar spine disability is denied as the evidence does not show that his disability meets or approximates the criteria for a rating in excess of 20 percent.

The Veteran's claim for an increased rating for left shoulder bicipital tendonitis was granted with a 20% rating effective February 12, 2018. The claim for service connection for allergies is remanded.

The Board has decided to remand the cases of the Veteran's left shoulder disability, lumbar spine disability, and right ankle disability due to a duty to assist error. VA examinations are needed for these conditions.

The Veteran's claims for service connection for right and left lower extremity radiculopathy have been denied.,The Veteran's claim for service connection for a lumbar spine disability has been remanded due to the need for additional development.

The Veteran's appeal is remanded to determine if referral of his TDIU claim for extra-schedular consideration prior to December 15, 2016, is warranted.

The Board has remanded the claims for further development and clarification due to new evidence suggesting a potential link between the Veteran's conditions and his herbicide exposure. The issues are inextricably intertwined, particularly regarding the lumbar spine disability.

The Board denied increased ratings for various knee, shoulder, spine, and elbow disabilities. The Veteran's left ulnar nerve disability was also denied.

The Board has determined that the VA examinations and opinions provided are inadequate to address the Veteran's claims for service connection. Therefore, additional evaluations or opinions are required.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to insufficient compliance with previous remand directives regarding the functional impact of flare-ups on his back disability.