Back / lumbar spine Board decisions

The Board has remanded the Veteran's claims of service connection for various conditions due to insufficient evidence and the need for further examination.

The Board has decided to remand the case due to non-compliance with previous remands and requires additional development, including obtaining updated medical records and a clarifying opinion from an orthopedist regarding the relationship between the Veteran's low back disability and his military service.

The Veteran's right shoulder impingement syndrome is currently rated at 20 percent prior to October 6, 2020 and greater than 30 percent thereafter. The Veteran's right hip strain is currently rated at 10 percent prior to April 6, 2015 and greater than 20 percent thereafter. The Veteran's degenerative arthritis with invertebral disc syndrome of the lumbar spine with spondyloarthropathy is currently rated at 40 percent. The Veteran's cervical spine strain is currently rated at 30 percent.,The Veteran's right carpal tunnel syndrome and TDIU are both remanded for further development.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is remanded due to the need for a retrospective medical opinion in accordance with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has dismissed the claims of service connection for hypertension and a low back disability due to the death of the appellant during the pendency of the appeal.

The Board denied service connection for a low back condition and DVT of the bilateral lower extremities, finding that there was no medical evidence linking these conditions to service.

The Veteran's service-connected disabilities, including his adjustment disorder and physical conditions like sleep apnea, headaches, joint pain, and neuropathy, have rendered him unable to secure or follow a substantially gainful occupation from January 28, 2014 to June 6, 2016.

The Board has granted service connection for the Veteran's low back disability, including any radiculopathy, as secondary to his service-connected left ankle disability. The TDIU claim is remanded.

The Board has denied service connection for bilateral leg and foot numbness due to lack of evidence showing current disability related to active service. The lumbosacral spine disability claim is remanded as the VA examiner's opinion was not based on a review of all available records.

The Veteran's claims for service connection, increased ratings, and TDIU have been denied. The Board found that the evidence did not support a finding of service connection for his low back disability or an increase in rating for his GAD with associated sleeping disorder prior to December 13, 2019.

The Veteran's major depressive disorder is rated at 100% from August 11, 2017 to present. The Veteran's low back strain is rated at 40%. From February 3, 2014 to August 10, 2017, the Veteran was granted a 100% rating for major depressive disorder. For both periods, the Veteran does not meet criteria for SMC based on need for aid and attendance or housebound status.

The Board has remanded the case due to errors in addressing the combat presumption and material evidence of record, as well as failing to address secondary service connection theories. The Veteran's low back disability is being reviewed for potential service connection.

The Veteran's appeal for increased ratings for various service-connected conditions was denied. The Board found that the evidence did not support a higher rating for any of the conditions, including right knee chondromalacia, left knee Palligrini-Stieda's disease with chondromalacia, seborrheic dermatitis, bilateral pes planus, right shoulder disability, left shoulder disability, right elbow disability, left elbow disability, bilateral hearing loss disability, residuals of traumatic brain injury (TBI), neck or cervical spine disability, and low back or thoracolumbar spine disability.

The Board has determined that additional evidence was not considered in the October 2020 Supplemental Statement of the Case and that a remand is necessary to consider this new evidence before making a decision on the claims.

The Board has denied service connection for neck, lumbar spine, right shoulder, right arm, right leg, and left leg disorders as they are not shown to be related to active duty service.

The Veteran's claims for service connection for ischemic heart disease and a back condition have been dismissed due to the death of the Veteran.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's back disability was not incurred in or due to his time in service, nor is it proximately due to any of his service-connected disabilities. For his left knee disability, the rating assigned did not meet the criteria for an initial rating in excess of 20 percent. His residuals of a gunshot wound were rated appropriately under DC 5311. The Veteran's left and right hip disabilities were also rated appropriately under DCs 5003-5251.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for additional examinations and compliance with VA examination requirements.

The Veteran's claims for increased ratings in excess of 10 percent for right and left knee disabilities, lumbar spine disability, and hypertension have been dismissed as he withdrew his appeals prior to the Board's decision.

The Veteran's lumbar spine disability, left and right lower extremity radiculopathy, and acquired psychiatric disability (PTSD and anxiety disorder) have been rated based on their service-connected nature. The Board has found that the current ratings are not adequate to reflect the severity of these conditions.,The Veteran is being remanded for further examination to determine if his PTSD symptoms have worsened since his last VA examination in February 2017.