Back / lumbar spine decisions — 2020

The Veteran's claims for service connection and SMC are being remanded due to deficiencies in the record existing prior to the appealed rating decision. Further development is needed, including obtaining VA treatment records from before March 2018 and a VA examination to determine the nature and etiology of his psoriatic arthritis.

The Veteran's claim for a TDIU prior to October 15, 2018 is remanded due to the evidence reasonably raising the issue of entitlement to an extraschedular TDIU.

The Board has found that there are insufficient medical records to determine the etiology of the Veteran's claimed disabilities and thus remands for further development, including a VA examination.

The Board has remanded the Veteran's claims for service connection due to incomplete records and the need for additional evidence.

The Veteran's lumbosacral spine strain is rated at 20 percent, but no higher, based on the evidence showing forward flexion of the thoracolumbar spine greater than 30 degrees but not more than 60 degrees.

The Board has granted service connection for hypertension and separate ratings for radiculopathy of the right and left lower extremities, secondary to thoracolumbar scoliosis. The attorney fees are based on the total award of past-due benefits awarded in the April 2019 rating decision, prior to withholding for military retired pay.

The Veteran's thoracolumbar spine disability is rated at 40 percent, the maximum schedular rating available. The Board finds that this rating adequately reflects his symptoms and does not warrant a higher evaluation.

The Board denied the Veteran's claims for effective dates earlier than March 27, 2018 for service connection of various conditions. The Veteran was previously denied service connection due to dishonorable discharge from active duty.

The Veteran's service-connected migraine headaches are rated at 30 percent, which is the maximum rating available under Diagnostic Code 8100. The Veteran’s lumbar strain and degenerative disc and joint disease, left lower extremity radiculopathy, respiratory disorder (bronchitis), and gastrointestinal disorder (chronic constipation) have all been granted service connection.

The Board denied the Veteran's request for an earlier effective date of August 11, 2014 for his TDIU award due to insufficient evidence showing he was unable to secure or maintain substantially gainful employment prior to that date.

The Board dismissed the appeals regarding service connection for dementia, low back disability, an aneurysm, Parkinson's disease, and PTSD. The claim for service connection for an acquired psychiatric disorder was granted.

The Veteran's appeal for TDIU is remanded due to a failure to refer the case to the Director of Compensation Service for extraschedular consideration. The Board finds that his thoracolumbar spine disability precludes employment.

The Veteran's lumbosacral strain, right and left lower extremity radiculopathy (sciatic nerve) are rated at 40 percent from February 21, 2012 to October 14, 2019. The Veteran is granted a total disability rating due to individual unemployability effective February 21, 2012 and basic eligibility for Dependents' Educational Assistance (DEA) benefits beginning February 21, 2012.

The Veteran's appeal was dismissed because her Notice of Disagreement (NOD) did not clearly identify the specific issues she wanted to appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his lumbar spine, cervical spine, and left knee conditions. The issues are also inextricably intertwined with the claim for a TDIU.

The Board has remanded the cases for further development and consideration, including obtaining an addendum opinion from the VA examiner to retrospectively assess the Veteran's lumbar spine disability from January 29, 2010, through October 21, 2019.

The Veteran is granted a 20 percent rating for chronic left ankle strain, right knee patellar tendonitis, retropatellar pain syndrome of the left knee, and left knee dislocated semilunar cartilage as of May 24, 2017.

The Board has granted a 10 percent disability rating for hypertension for the entire initial rating period on appeal. The case is remanded to obtain verification of all periods of active duty training (ADT) and inactive duty training (IADT) during the Veteran's Reserve/National Guard service from November 1979 to December 1996.

The Board has granted service connection for a psychiatric disability, degenerative arthritis of the spine and lumbar spondylosis, and right knee arthritis. The Veteran's current conditions are found to be related to his military service.

The Board has remanded the Veteran's claims for a bilateral knee condition, cervical spine disability, thoracolumbar spine condition, and transitional cell carcinoma of the bladder, urothelial cancer, and skin cancer due to incomplete service records.