Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, and the evidence does not support finding that he was unable to secure and follow a substantially gainful occupation due to his service-connected conditions.

The Board has granted service connection for a left knee disability and a lumbar spine disability, both determined to be related to service. The effective dates of these decisions are based on the date of receipt of the Veteran's petition to reopen his claims.

The Veteran's throat condition, left knee arthritis, right knee arthritis, and lumbar spine disability are all granted. The Veteran is also awarded a 40% rating for his lumbar spine disability over the entire appeal period.

The Veteran's service-connected psychiatric condition, along with other disabilities, renders him unable to secure or follow a substantially gainful occupation as of March 9, 2016. Effective April 10, 2017, the issue of TDIU is dismissed due to mootness.

The Veteran's lumbar spine disability was initially rated at 10 percent prior to July 16, 2014 and increased to 20 percent thereafter. The cervical spine disability was also initially rated at 10 percent prior to July 16, 2014 and remains at 20 percent. The Veteran's chronic rhinitis and sinusitis were not granted a compensable rating.

The Board has remanded the case due to procedural errors and invites the Veteran and his representative to submit additional argument regarding CUE in a prior rating decision.

The Board has dismissed the appeals for service connection for various conditions as they are not related to active military service.

The Board has granted service connection for tinea versicolor and remanded the issues of right knee disability and thoracolumbar spine disability due to active duty service.

The Board has determined that the remand of the right hip, back, and right leg disability claims is necessary due to inadequate development. The Veteran's statements regarding ongoing symptoms since service are considered, as well as the significance of a prior x-ray finding from his treating physician.

The Board has granted service connection for nervous stomach disorder manifested by diarrhea and remanded the issues of service connection for back disability (secondary to service-connected bilateral pes planus) and esophageal disability.

The Board has decided that the Veteran's claim of service connection for a lumbar spine disability should be remanded to allow for further examination and opinion.

The Veteran's initial and increased ratings for lumbar strain have been denied as the disability did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's lumbar spine disability is rated at 40 percent effective April 13, 2010. The case is remanded for further development regarding TDIU prior to March 23, 2016 and entitlement to SMC based on aid and attendance.

The Board has remanded the Veteran's claims for service connection for low back and right knee disabilities due to conflicting evidence regarding their onset in service.

The Veteran's low back disability is rated at 20 percent prior to July 26, 2016 and denied for a higher rating. From July 26, 2016, the Veteran's claim for a higher rating is also denied.

The Board denied the Veteran's claim for special monthly compensation based on the need of regular aid and attendance or by reason of being housebound, finding that his service-connected disabilities did not render him helpless enough to require regular aid and attendance.

The Board denied the Veteran's request for an earlier effective date of July 23, 2011 for PTSD and a prior effective date for his increased evaluation. The Board found that the earliest effective date was July 23, 2011 for PTSD and denied any earlier effective dates.

The Veteran's service-connected disabilities, including major depressive disorder and chronic low back pain, have been found to meet the criteria for specially adapted housing eligibility. The claim for a special home adaptation grant is moot as he has already received eligibility for specially adapted housing. His request for financial assistance for automobile or other conveyance and adaptive equipment was denied due to lack of meeting eligibility criteria.

The Board has remanded the case for further development due to insufficient information regarding the Veteran's lumbar spine disability during flare-ups.

The Board has decided to remand the Veteran's claims for service connection for back, bilateral hip, right achilles tendon, and right shoulder disabilities due to inadequate VA examination reports and failure to consider secondary service connection.