Back / lumbar spine decisions — 2020

The Board has remanded the cases for additional development due to incomplete records and failure to comply with previous remand directives.

The Veteran's cervical spine disability was restored to a 30% rating from January 23, 2017. The claim for higher ratings for the left shoulder and lumbar spine disabilities were denied.

The Veteran's service-connected lumbar spine disability and sciatic nerve radiculopathy were denied increased ratings, except for a 10 percent rating granted from May 18, 2020 for obturator nerve radiculopathy in both lower extremities.

The Veteran's lumbar spine disability is granted a 40 percent rating prior to August 5, 2016. A higher rating is denied for any period on appeal.

The Veteran's petition to reopen his claim for service connection for a nerve disability was granted, and he was awarded service connection for tinnitus, sleep apnea, headache disability, and TDIU. The remaining issues were remanded.

The Board has determined that the VA examinations for the Veteran's left knee and thoracolumbar spine disabilities were inadequate, necessitating remand to provide further development.

The Board has decided to remand the case due to an inadequate VA examination, and a new one is needed to assess the current severity of the Veteran's service-connected lumbar spine disability.

The Veteran's appeal involves multiple issues including service connection for various conditions and effective date determinations. The AOJ is directed to obtain the Veteran’s service records from his first period of active duty, conduct further development on hearing loss and lumbar spine disability claims, and consider TDIU.

The Board has determined that the Veteran's current low back conditions, including degenerative disc disease and lumbar spondylosis, were incurred in or are otherwise related to service. The decision grants the Veteran's claim for service connection.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's back and left arm disabilities. The claims for service connection are also being remanded due to inconsistencies in previous VA opinions.

The Board has remanded the cases for further development, including obtaining a new opinion regarding service connection for radiculopathy of the bilateral lower extremities and total disability rating based on individual unemployability (TDIU) prior to April 1, 2015. The remand is due to issues with the previous opinions provided.

The Veteran's lumbar spine and right lower extremity radiculopathy disabilities are remanded for further evaluation due to the possibility of increased severity since his last VA examination in October 2018.

The Veteran's service connection claims for various disabilities, including a cracked pelvis and related conditions such as back disability, left leg disorder, lymphedema, and radiculopathy of the lower extremities, are being remanded due to inadequate VA examinations and incomplete medical records.

The Veteran's service connection claims for right ear hearing loss, a right knee disorder, and back disorder have been denied. The Board has found that the Veteran does not currently have these conditions.,Service connection for left knee disorder (osteoarthritic changes) is also denied.

The Veteran's claims for increased disability ratings for agoraphobia with panic disorder with insomnia and thoracolumbar degenerative arthritis are remanded due to a duty to assist error. The Veteran is required to undergo VA examinations to determine the current severity of his service-connected conditions.

The Board denied service connection for a back disability, left leg disability, right-hand disability and sleep apnea as there is no evidence of these conditions in service or within one year following discharge. The Veteran's current disabilities are not shown to be related to his military service.,Service connection was also denied for TDIU due to the presence of multiple service-connected disabilities (back disability, left leg disability, right-hand disability and sleep apnea) that do not meet the criteria for a combined rating of 70% or more.

The Board denied the Veteran's claims for service connection for a back disability and bilateral lower extremity radiculopathy, finding no evidence of such conditions in service or within one year following discharge. The Board also found that there was insufficient medical evidence to link current disabilities with service.

The Board has decided to remand the case due to insufficient evidence and a need for additional development, including obtaining missing service records and private medical records.

The Board has remanded the cases for a VA examination to determine if the Veteran's back and right shoulder conditions are related to his service. The decision on sleep disturbances is denied.

The Veteran's claim for earlier effective dates for his service-connected disabilities is dismissed as the earliest possible effective date, January 1, 2019, has already been assigned.