Back / lumbar spine decisions — 2020

The Board denied the Veteran's claim for TDIU due to service-connected disabilities, finding that his service-connected conditions did not render him unemployable and that referral of the case to the Director of C&P for consideration of an extraschedular TDIU rating was not warranted.

The Board denied service connection for various conditions, including right arm weakness, low back condition, left lower extremity condition/sciatica (including leg weakness, aches, pains, numbness), left arm and hand weakness, stroke, heart condition, atrial fibrillation. The Veteran's dry scalp condition was also denied.

The Board has remanded the cases for further development due to a lack of VA examinations and records. The Veteran's disabilities are related to service, but more evidence is needed.

The Board denied the Veteran's claim for service connection of a cervical spine disability, finding that there was no evidence to support a nexus between his current condition and an in-service injury or event.

The Board has decided that service connection for a lumbar spine disorder should be remanded due to the need for additional medical opinions.

The Veteran's lumbar spine disability was denied for initial compensable evaluations prior to March 5, 2009 and for ratings in excess of 10 percent prior to June 15, 2017. A rating of 20 percent was granted from June 15, 2017.

The Board has remanded several issues for further development, including the TDIU claim and service connection for PTSD. The Veteran's attorney requested copies of the curriculum vitae of VA examiners who conducted examinations on his behalf.

The Veteran's degenerative disc disease of the lumbar spine with spondylolisthesis is rated at 10 percent prior to October 30, 2016 and at 40 percent thereafter. The Veteran's bilateral knee conditions are each rated at 10 percent.,The Veteran’s degenerative joint disease of the left knee is rated at 10 percent.,The Veteran’s degenerative joint disease of the right knee is rated at 10 percent.

The Veteran's TDIU and SMC based on the need for aid and attendance are granted. The right hand burn scar residuals rating is remanded due to insufficient examination findings.

The Veteran is unable to maintain substantially gainful employment due to service-connected disabilities since March 1, 2014. The Board finds that the criteria for a TDIU have been met from this date.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities alone or in combination preclude him from securing and maintaining substantially gainful employment.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been granted service connection with effective dates of September 21, 2015, for the former and January 13, 2020, for the latter.,A higher rating for the low back disability is denied.

The Board denied the Veteran's claims of service connection for neck/cervical and low back/lumbar disabilities, finding that there was no evidence linking these conditions to her active duty service or service-connected bilateral pes planus with plantar fasciitis.

The Board has remanded the Veteran's claims for service connection due to outstanding VA treatment records and a need for additional medical opinions. The issues of right shoulder, left shoulder, neck, low back, and left hip conditions are now pending.

The Veteran's appeals for right ear hearing loss, allergies, viral syndrome, chloracne, bilateral knee disability, PFB, lumbar spine disability, and left hip disability have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's claim for a higher rating for his lumbar spine disability and right lower extremity radiculopathy has been denied. The Veteran is currently rated at 40 percent for the lumbar spine disability, effective July 13, 2019.,For the period from July 8, 2011 to July 13, 2019, the Veteran's claim for TDIU has also been denied.

The Veteran's lumbar degenerative arthritis is currently rated at 10 percent, which is the maximum schedular rating available. The Board found that his symptoms did not warrant a higher rating due to limitations in range of motion and functional loss.,For his posttraumatic migraine headaches, the Veteran was denied a compensable rating as his attacks were less frequent and severe than required for a 10 percent rating.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition was not incurred in or related to his military service.

The application to reopen the claim of service connection for back disability was denied, and the Veteran's TDIU claim was also denied due to his service-connected disabilities not meeting the percentage requirements.

The Veteran's back disorder, left lower extremity neuropathy, and right lower extremity neuropathy were not service connected as they did not manifest to a compensable degree within the applicable presumptive period or are otherwise etiologically related to an in-service injury or disease.,The Veteran does not have any service-connected disabilities that would qualify him for TDIU.