Back / lumbar spine decisions — 2020

The Board has decided to remand the case due to incomplete service treatment records and a need for a VA examination to determine if the Veteran's current back condition is related to his active duty service.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran's combined rating did not meet the percentage standards set forth in § 4.16(a), but his case may be considered under 38 C.F.R. § 4.16(b) for an extra-schedular TDIU.

The Board has determined that the claims for increased rating and service connection are not properly decided due to inadequate examinations, and thus remanded for further action.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU for the entire period on appeal.

The Veteran's low back disability is rated at 20 percent prior to April 12, 2017 and denied for a higher rating.,The Veteran's low back disability is rated at 40 percent from April 12, 2017 and denied for a higher rating.

The Veteran's IBS is currently rated at the maximum schedular rating, and his TDIU claim has been granted. The Board finds that additional examination and medical opinion are needed to determine if service connection for sleep apnea should be granted.,Service connection for post-polio syndrome was remanded due to insufficient evidence.

The Veteran is granted specially adapted housing due to service-connected right thigh GSW residuals and lumbosacral strain resulting in loss of use of the right lower extremity, requiring regular and constant use of assistive devices.,The earlier effective date claim for permanent incapacity for self-support for the Veteran’s child A.D. is denied.

The Veteran's claim for an increased evaluation of his service-connected lumbar spine disability is being remanded due to the need for additional development, including a VA examination.

The Board has reopened the claim of service connection for a low back condition and granted a rating of 10 percent. The claim of service connection for sleep apnea remains denied.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful employment, so his TDIU claim is denied.

The Veteran's lower extremity disability, including left distal tibia fracture and closed femur fracture, is found to be related to a post-service motorcycle accident.,The Veteran's right ankle disability, left ankle disability, lumbar spine disability, and intercostal muscle strain (including a left rib case fracture) are not service-connected.

The appeal for service connection for a skin disability is dismissed. The Veteran's PTSD rating from February 13, 2020 to the present is granted at 100 percent.

The Board has remanded the Veteran's claims for higher ratings for left knee chondromalacia patella and chronic lumbosacral strain due to a lack of contemporaneous medical examination, as well as an inadequate assessment of functional loss during flare-ups.

The Board has denied the Veteran's claims for service connection for a chronic lumbar spine disorder, bilateral lower extremity radiculopathy, and depressive disorder as there is no evidence of a nexus between these conditions and his active service.

The Board denied increased ratings for the Veteran's lumbar spine, left foot, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy disabilities. The effective date is not specified.

The Veteran's initial disability ratings for the lumbar spine disability and right lower extremity radiculopathy have been denied, while a TDIU has been granted.

The Veteran is granted a disability rating of 40 percent for lumbar strain with degenerative joint disease from December 11, 2018. The effective date is set to the day after the last VA examination indicating less than 30 degrees of flexion.

The Board dismissed the claim of service connection for a low back disability due to the Veteran's withdrawal in writing. The appeal for service connection for bilateral hearing loss is remanded.

The Board has remanded the case for further development, including obtaining a retrospective opinion regarding the Veteran's back disability prior to June 3, 2018 and assessing the extent of his functional loss during flare-ups. The TDIU issue is also remanded.