Back / lumbar spine decisions — 2020

The Veteran does not have a current diagnosis of an acquired psychiatric disorder other than PTSD, and his nose injury residuals are unrelated to service.,The preponderance of the evidence shows that the Veteran's COPD is not related to service.,The preponderance of the evidence shows that the Veteran’s cervical spine (neck) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s lumbar spine (low back) disability is not related to service.,The preponderance of the evidence shows that the Veteran’s rheumatoid arthritis is not related to service.,The preponderance of the evidence shows that the Veteran does not have a current diagnosis of acute febrile illness, and his left lower extremity scarring due to MRSA infection is not related to service.,The preponderance of the evidence shows that the Veteran’s sleep disability (OSA and chronic insomnia) is subsumed under his service-connected PTSD diagnosis.

The Board has remanded the case due to an inadequate VA medical opinion regarding whether the Veteran's preexisting low back disorder was aggravated by service.

The Board has decided to remand the claim of service connection for a low back disability due to incomplete documentation and need for additional development.

The Board dismissed the appeal due to the Veteran's death, and therefore no jurisdiction remains for the service connection claims.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate development in previous examinations.

The Board has decided to remand the claims for service connection for a right ankle disorder, lower back disorder, and sciatica in the right lower extremity due to the need for further medical evaluation.

The Board has decided that the Veteran's claims for service connection for an acquired psychiatric disorder, a back disability, and a skin disability need further development due to incomplete records and the need for additional examinations.

The Board has remanded three issues: service connection for hypertension, increased ratings for left and right knee chondromalacia, and a low back disability. The Veteran's claim of service connection for erectile dysfunction was granted in a separate decision.

The Board has remanded the claims for a low back disability and an acquired psychiatric disorder (including depression and PTSD due to MST) as they must be further evaluated with additional military records.

The Board has remanded the Veteran's appeal for additional development due to a procedural error, including securing relevant VA examinations that were not submitted by the Veteran but rather secured by the AOJ. The AOJ must consider this evidence and provide the Veteran and his attorney an opportunity to respond before appellate consideration.

The Veteran's lumbosacral strain is granted as service-connected.,Service connection for a deviated septum is denied, and the claim of a compensable rating remains pending.

Service connection for multiple myeloma is granted. Service connection for a low back disorder with sciatica is remanded.

The Board has decided to remand the Veteran's claims of service connection for lumbar spine and left shoulder disabilities due to a duty-to-assist error. Further development is needed, including VA examinations.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of service-connected disabilities from April 12, 2010 to January 15, 2019. However, for the period prior to April 12, 2010, the Veteran does not meet the combined disability rating percentage criteria for a TDIU under 38 C.F.R. § 4.16(a). The case is remanded for referral to VA’s Director of Compensation for consideration under 38 C.F.R. § 4.16(b).

The Veteran's appeal regarding an increased rating for PTSD was granted. However, the appeals for service connection of bilateral knee condition, left foot condition, and low back condition were denied due to untimely notice of disagreement.

The Board has remanded the claims for service connection for a lower back disorder and left hip disorder, as well as TDIU. The remand requires VA medical opinions to determine if these conditions are aggravated by the service-connected left knee disability.

The Veteran's lumbar spine disability is rated at 40 percent, effective November 10, 2020. A separate rating of 10 percent for radiculopathy of the right lower extremity as of February 1, 2014, remains in effect.

The Board has remanded the cases for further development and examination, including a VA examination to determine if the Veteran's current low back, left knee, and right knee disabilities are related to his military service or an in-service motor vehicle accident.

The Veteran's acquired psychiatric disorder is granted service connection, but his back disorder and pneumonia are denied. The right knee disorder remains remanded for further examination.

The Board has decided to remand the claims for service connection for low back and left knee disorders due to inadequate examination findings. The Veteran's conditions are being reviewed again with new medical opinions.