Back / lumbar spine decisions — 2020

The Board has decided to remand the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of his conditions. The claims will be reviewed again with additional evaluations and opinions.

The Board has remanded the cases for further development due to incomplete service records and need for a medical opinion regarding the Veteran's low back disability.

The Veteran's claim for TDIU was previously remanded, and the Board finds that he should be given one more opportunity to complete the required VA Form 21-8940. If still not meeting schedular requirements, his case will be submitted to the Director of Compensation for extra-schedular consideration.

The Veteran's appeals for service connection on the issues of low back disability, asthma, neck disability, eye disability (including amblyopia, blurred vision, and vision loss), diabetes, acquired psychiatric disorder (to include posttraumatic stress disorder (PTSD), anxiety, depression, personality disorder, and attention deficit hyperactivity disorder (ADHD)), and left ankle disability have been remanded. The appeals for service connection on the issues of chest disability, residuals of a head injury, and sleep disorder were dismissed due to withdrawal by the Veteran.

The Veteran's right shoulder condition is rated at 30 percent, and his cervical spine condition remains at 10 percent. The Board found that the new VA examinations provided sufficient information to grant a higher rating for the right shoulder.

The Board has granted the Veteran's applications to reopen his claims for service connection for right knee and lumbar spine disabilities, as new and material evidence was received. The cases are now remanded for further development.

The Board has granted service connection for an upper back disability and a right knee disability, finding that the Veteran's current disabilities are at least as likely as not incurred in service.

Service connection for a low back disorder and headaches secondary to PTSD has been granted. Service connection for TMJ disorder was reopened, but not granted.,A disability rating of 70 percent for posttraumatic stress disorder (PTSD) is in effect.

The Board has remanded the claims for service connection for various disabilities, including bilateral knee and neck disabilities, right ankle disability, insomnia (claimed as secondary to psychiatric disorder and tinnitus), low back disability, penile disability, and sciatica. Additional VA examinations are needed to address the etiology of these conditions.

The Board has granted the Veteran's claim of service connection for a back disability, finding that new and material evidence supports reopening the claim. The Board also found that the Veteran's current back disability is related to his active military service.

The Veteran's service-connected lumbar spondylosis and bilateral pes planus did not prevent her from obtaining or maintaining substantially gainful employment between January 31, 2005, to January 30, 2006.

The Veteran's claim of service connection for PTSD, a right knee condition, a back condition, and a right ankle condition has been granted. The appeal to reopen the PTSD claim is also granted. Service connection is established for PTSD based on personal assault allegations. The appeals for the right knee, back, and right ankle conditions are remanded.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete compliance with previous remand directives, including the need for additional VA examinations.

The Board found that the Veteran's back disability pre-existed service and was not aggravated by service, thus denying service connection.

The Veteran's claim for an increase rating in excess of 10 percent for lumbosacral strain with degenerative joint disease was denied. The Board found that the evidence did not support a higher rating based on limitation of motion.,The Veteran's claim for a compensable rating for bilateral hearing loss was also denied. The Board noted that there is no exceptional pattern of hearing impairment and the Veteran failed to report for a VA examination, resulting in a noncompensable rating.

The Board has remanded the case due to insufficient compliance with previous remand directives regarding a low back disorder. The Veteran's lay report of an in-service injury is now to be considered by another clinician.

The Board granted service connection for lumbar spine degenerative arthritis with bilateral lower extremity radulopathy and a 10 percent rating for hearing loss effective October 4, 2019. The other claims on appeal were either denied or remanded.

The Board has remanded the veteran's claims for further development due to the need for VA examinations to determine if his disabilities are related to an injury during active duty training (ACDUTRA) or inactive duty training (INACDUTRA).

The Veteran's lumbosacral strain was granted an effective date of February 5, 2017.,The Veteran's pseudo-folliculitis barbae with history of acne keloidalis nuchae (PFB) was granted an effective date of November 29, 2018.

The Board denied the Veteran's claims for service connection for right and left lower extremity sciatica as secondary to a low back disability and/or dextroscoliosis, and for a low back disability. The decision also noted that the Veteran does not have a currently service-connected low back disability.