Back / lumbar spine decisions — 2020

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's low back disability and associated radiculopathy were rated based on their current manifestations, with the right lower extremity radiculopathy receiving a separate rating of 20 percent effective May 26, 2016, and left lower extremity radiculopathy receiving a separate rating of 20 percent effective December 10, 2019. A total disability rating based on individual unemployability was granted for the period from August 21, 2018 onward.

The Board has remanded the case due to inadequate examination and requests for records. The Veteran's claim for a higher rating for his lumbar spine disability with IVDS is still pending.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, and he is entitled to special monthly compensation based on regular aid and attendance due to his need for assistance with daily activities.

The Board denied a rating higher than 20 percent for the Veteran's lumbar spine disability since April 18, 2017.

The Board has granted the Veteran's claims for service connection for low back disorder, neurological disorders of the left and right lower extremities. The case is being remanded to correct a pre-decisional duty to assist error.

The Board has granted service connection for the Veteran's low back disability as secondary to his service-connected bilateral foot strain with metatarsalgia, finding that the weight gain and obesity resulting from his service-connected foot disability is at least as likely as not responsible for his diagnosed lumbar spine condition.

The Veteran's lumbar spine disability was denied for ratings in excess of the current assigned percentages.

The Board has remanded the Veteran's claims for bilateral hearing loss, eye disorder, and back disorder due to inadequate VA examinations. The claims are being returned for further development.

The Veteran's skin condition, back condition, and neck condition are all granted as secondary to his service-connected right ankle and foot conditions. The Veteran is rated at 60 percent for the skin condition.

The Veteran's initial rating for thoracolumbar spine disability was granted at 40 percent from March 21, 2014 to January 12, 2016. The rating was then denied after that period.

The appeal for service connection of a psychiatric disorder is dismissed. The remaining issues related to left knee, right knee, left wrist, right wrist, lumbar spine, left foot, and right foot disorders are remanded.

The Veteran's claim for service connection for a back disability with foot drop was granted due to the submission of new and relevant evidence.,Claims for service connection for diabetes mellitus, type II, peripheral neuropathy of the left lower extremity, and peripheral neuropathy of the right lower extremity were denied as there was no new and relevant evidence presented.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that it began during a period of active duty training (ACDUTRA) and continues to exist.

The Board has remanded the Veteran's claims for service connection for left knee and low back disabilities due to inadequate medical opinions in previous examinations. The claims are now pending for further review.

The Veteran's claims for increased ratings and service connection have been denied. The right knee bursitis and bilateral tinnitus cases are denied, while the other issues on appeal remain pending.

The Veteran's claim for an increased rating for his service-connected thoracolumbar degenerative joint disease, degenerative disc disease, and chronic mechanical strain has been denied. The Board also found that a TDIU on an extraschedular basis from January 26, 2011 to October 24, 2012 is warranted.

The Board denied service connection for psychiatric disorder, pneumonia, asthma (secondary to pneumonia), back disability, and tonsillitis. The evidence did not support a current diagnosis of any of these conditions.

The Veteran's TDIU rating and basic eligibility for Dependents' Educational Assistance (DEA) benefits prior to July 17, 2017 are granted due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for cervical spine condition, left wrist disorder, and lumbar spine disability due to lack of new and relevant evidence.