Back / lumbar spine decisions — 2020

The Board has remanded the claim for a total disability evaluation based upon individual unemployability due to service-connected disabilities (TDIU) as additional development is needed, including obtaining an examination and opinion on the Veteran's ability to work.

The Veteran's lumbar spine disability was reduced from a 40 to a 20 percent rating effective May 1, 2016. The reduction is not proper and the 40 percent rating has been restored.

The Board has remanded the issues of service connection for various disabilities, including cervical spine disability, back disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, bilateral foot disability, rhinitis, bronchitis, asthma, heart disability, prostate cancer, and urinary incontinence. The reasons are that the Veteran failed to report to scheduled VA examinations for these disabilities.

The Veteran's TDIU claim is remanded for additional development, including obtaining her employment history and determining if she qualifies for a TDIU on an extra-schedular basis due to the combined effects of her service-connected disabilities.

The Board has decided to remand the Veteran's claim for a disability rating in excess of 40 percent from December 8, 2010 for myofascial lumbosacral pain syndrome with degenerative changes including consideration of the appropriate rating for associated neurological impairments due to incomplete development and lack of specific information regarding incapacitating episodes.

The Board has remanded the Veteran's claims for service connection for sinusitis, bronchitis, and a low back condition due to new evidence received since the last denial in December 1993. The claims are now pending for further review.

The Veteran's chronic lumbar strain with degenerative disc disease is granted a 20% rating, effective January 30, 2017. The Veteran's surgical scar is also granted a 10% rating.

The Board has granted service connection for sleep apnea and remanded the issue of an earlier effective date for lumbar spine disability. The case is now pending with the agency of original jurisdiction (AOJ).

The Veteran's claims for increased ratings were partially granted, with a rating higher than 20 percent denied for lumbar spine stenosis and a remand ordered for further examination to address the right leg peripheral neuropathy. The RLE neurologic claudication claim was not addressed in this decision.

The Board has remanded the case due to an inadequate examination, and a new VA examination is needed to determine if the Veteran's current low back disorder is related to his military service.

The Veteran's lumbar spine disability is currently rated at 40 percent for the period beginning January 23, 2015. However, as of January 10, 2020, a higher rating greater than 40 percent is granted.

The Veteran's tinnitus was granted service connection. The Board found the evidence in equipoise as to whether the Veteran's lumbosacral epidural abscess, bilateral lower extremity radiculopathy, right knee osteoarthritis, left knee osteoarthritis, left ankle osteoarthritis, and bilateral hearing loss were incurred during active duty service or active duty for training. The Board remanded to obtain additional records and conduct further medical opinions.

The Board has granted service connection for a lumbosacral spine disability, which is considered secondary to the Veteran's service-connected right and left knee disabilities. The TDIU issue is remanded.

The Veteran's radiculopathy of the right lower extremity is granted a 40 percent disability rating, effective November 1, 2015. The Veteran's lumbar spine DDD remains at 20 percent and her TDIU claim is granted.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's low back disorder, including verifying his periods of service. The case is being remanded for further action.

The Veteran's back brace for his service-connected lumbosacral strain with degenerative joint disease caused wear and tear to his clothing, which is in equipoise with the evidence. The Board granted an annual VA clothing allowance for 2018.

The Veteran's service-connected disabilities have made him in need of regular aid and attendance, which is granted for special monthly compensation.

The Veteran's bilateral plantar fasciitis and right knee DJD have been granted increased ratings, with the lumbar spine disorder also being granted service connection on a secondary basis.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's current right ankle, right hip, and low back disabilities are caused or aggravated by his service-connected right foot disability. After considering all evidence, including opinions from the Veteran's treating VA podiatrist, the Board granted service connection for these conditions.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy are rated at 20 percent each. The Board has determined that more contemporaneous VA examinations are needed to assess the current severity of these conditions, as well as whether they have worsened since his last examination in April 2017. Additionally, the TDIU claim is remanded for consideration under 38 C.F.R. § 4.16(b).