Back / lumbar spine decisions — 2020

The Veteran's claim for a higher disability rating for arthritis of the thoracic and lumbar spine was denied. The current rating is 40 percent, effective from October 6, 2010.

The Veteran's back disability and bilateral lower extremity radiculopathy have been rated, but not at the maximum levels. The TDIU has been granted from January 21, 2015.,The Veteran is currently in receipt of a 40 percent rating for his back disability, a 10 percent rating for left lower extremity radiculopathy, and a 20 percent rating for right lower extremity radiculopathy.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Texas Azle Health on January 10, 2017 is denied because the treatment was not an emergency and VA facilities were feasibly available.

The Veteran's service connection claim for degenerative disc disease with degenerative arthritis (claimed as neck condition) is granted due to the evidence being at least in equipoise that his condition manifested during service and has continuity of symptomatology since service.

The Veteran's claim for a higher rating for his lumbar spine disability and radiculopathy of the left lower extremity was denied. The Board found that the evidence did not support an increased rating based on unfavorable ankylosis or incapacitating episodes.,The Veteran's TDIU claim was also denied as he had multiple service-connected disabilities, but none met the criteria for a 60% disability rating.

The Board has found that an addendum medical opinion is necessary before a decision can be made on the merits of the Veteran's claim for service connection for a low back disorder. The matter is therefore being remanded.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, effective March 31, 2009.

The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his conditions did not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for further evaluation or development.,Specifically, his degenerative arthritis and IVDS of the lumbar spine are currently rated at 40 percent, but he seeks a higher rating. His left lower extremity radiculopathy is rated at 20 percent.

The Veteran's back condition and right lower extremity radiculopathy have been rated at the highest possible schedular rating (100%) since November 27, 2007. The appeal for higher ratings is denied.

The Board has determined that the VA opinions obtained on remand are inadequate and the claims for service connection must be remanded again.

The Board has decided that the Veteran's TDIU claim should be remanded for further development, including referral to the Director of Compensation and Pension Service for extraschedular consideration. The issues include determining whether the Veteran is unemployable due to service-connected disabilities prior to July 29, 2016.

The Veteran was granted service connection for various conditions, including sleep apnea, herpes simplex, insomnia and nightmare disorder, right knee patellofemoral pain syndrome, etc., effective August 1, 2017.

The Board has remanded the case due to inadequate VA opinions regarding whether the Veteran's cervical spine disorder is secondary to his service-connected disabilities. The case will be reviewed again with new VA opinions.

The Board has decided to remand the claims for pes cavus, hammertoes, low back disorder (DDD of the lumbar spine), and bilateral knee disabilities due to the need for clarification regarding whether these conditions are related to service or if they were aggravated by a pre-existing condition.

The Board has remanded the cases of service connection for left shoulder disability, low back disability, and heart disability due to the need for additional medical opinions.

The Veteran's service-connected lumbosacral spine disability and associated neuropathy of the lower extremities did not preclude him from obtaining or retaining substantially gainful employment prior to February 10, 2010.

The Board has remanded the case due to missing records and inconsistencies in previous opinions. The Veteran's back condition, including scoliosis, will need to be evaluated again by a VA examiner.

The Board has granted service connection for tinnitus and obstructive sleep apnea (OSA) as secondary to service-connected sinusitis. The remaining issues of increased ratings for migraine headaches, hiatal hernia, lumbosacral spine disability, cervical spine disability, and right shoulder disability are remanded.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's bilateral foot disability and low back disability with sciatica. The case will be reviewed again for a proper assessment.