Back / lumbar spine decisions — 2020

The Veteran's back disability is rated at 20 percent prior to August 29, 2018. The evidence does not support a higher rating based on the current range of motion and lack of ankylosis.

The Veteran's service-connected disabilities, including lumbosacral strain, bilateral knee and hip conditions, prevent him from securing and following substantially gainful employment.

The Veteran's claims for service connection for hypertension, skin disability (tinea unguium), and low back disability have all been denied as there is no direct evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for increased ratings for her cervical spine condition, lumbar spine condition, and bilateral foot condition due to a lack of compliance with previous remand directives. The AOJ is instructed to provide examinations and obtain medical records.

The Board has remanded the claims for additional development due to incomplete VA treatment records. The Veteran's back disability, left and right upper extremity radiculopathy, and right lower extremity radiculopathy are currently under review.

The Board has remanded the case due to inadequate range of motion testing in a previous VA examination, and the need for another VA examination to assess the Veteran's lumbar spine disability.

The Veteran's lumbar spine condition is rated at a maximum of 40 percent since September 26, 2019.

The Board has remanded the Veteran's claims for service connection for a low back disability and TDIU due to inextricably intertwined issues. The low back claim is also being remanded for an addendum opinion regarding the etiology of the Veteran’s current low back disabilities.

The Veteran's service connection for sleep apnea is granted. However, the Veteran's claim for an initial rating higher than 20 percent for his lumbar spine disability remains denied.

The Veteran's claims for increased ratings for lumbar strain with DJD, hemorrhoids, and allergic rhinitis were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has remanded the case for a medical opinion to determine if the Veteran's current back disability is related to service. The claim was previously denied due to lack of evidence connecting the disability to service.

The Board denied an initial rating in excess of 20 percent for the Veteran's service-connected lumbar spine disability, finding that his condition did not meet or approximate the criteria for a higher evaluation under VA regulations.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his back and left lower extremity disabilities, as well as his sleep apnea. The Veteran is seeking direct service connection for these conditions.

The Board denied service connection for a lumbar spine disability and denied increased ratings for right eye pterygium, left eye pterygium (prior to June 12, 2013), and left eye pterygium (as of June 12, 2013).,The Veteran's lumbar spine disability was not related to service. The Board found the VA examiner’s opinion more probative than the Veteran's assertions.

The Board has granted service connection for residuals of injury to the right third finger, finding that the Veteran's current symptoms are related to an in-service injury. Service connection was denied for a low back disorder.

The Board has remanded the case due to ongoing development for an increased rating of a low back disorder and TDIU prior to September 13, 2014. The appeal is inextricably intertwined with these issues.

The Veteran's service-connected disabilities, including back disability, left knee osteoarthritis, right knee osteoarthritis, postural tremor of the left hand, postural tremor of the right upper extremity, gastroesophageal reflux disease (GERD), and bipolar disorder, are being granted increased ratings. The Veteran is also granted entitlement to a total disability rating based on individual unemployability.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disability (previously PTSD) and a lumbar disability. The cases are remanded to determine if these conditions are related to service or other service-connected disabilities.

The Board dismissed the appeals for service connection of hepatitis C, a low back disability, and tinnitus due to the Veteran's death.

The Veteran's service-connected acquired psychiatric disorder and lower back disability have rendered him unable to secure or follow substantially gainful employment. The claim for a lower extremity neurological disability is denied, but the TDIU claim is granted.