Back / lumbar spine decisions — 2020

The Board has remanded the case due to insufficient information regarding the Veteran's employment and income, which is crucial for determining his eligibility for TDIU.

The Veteran's TDIU claim is remanded to verify his last date of gainful employment and determine if an extraschedular TDIU was warranted for the period from that date to June 23, 2008.,From July 1, 2009 to September 30, 2011, a TDIU is granted.

The Veteran's back disability was granted a 20 percent rating prior to January 8, 2020. Ratings in excess of 10 percent were denied for both lower extremity femoral nerve radiculopathy.

The Veteran's claims for service connection for hypertension and pseudofolliculitis barbae have been reopened, and the claim for service connection for pseudofolliculitis barbae has been granted. The ratings for voiding dysfunction and painful scar status post lumbar fusion have been restored, as well as the ratings for left and right lower extremity radiculopathy. The Veteran's TDIU claim is also granted.

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

The Board has dismissed all the claims as the Veteran withdrew his appeal prior to a decision being made.

The Board denied service connection for cervical spine, thoracolumbar spine, bilateral upper extremity radiculopathy, bilateral lower extremity radiculopathy, bilateral shoulder, hip, knee and hand/finger disabilities as they were not shown to be related to service.

The Board denied the Veteran's claims for service connection for lower back disability and bilateral hearing loss, finding that the preponderance of evidence did not support a relationship between these conditions and active duty service.

The Veteran's claims for hypertension, low back disorder, and migraine headaches were denied as there is no evidence of a current disability or that any such conditions are related to service.

The Veteran's lower back disability is rated at 40 percent effective April 13, 2010.

The Board has determined that additional development is necessary to determine the Veteran's exposure to herbicide agents and to obtain his complete service personnel records. The issues of service connection for various disabilities, including skin cancer, back cancer, back pain and thoracic fracture, gastroenteritis, bladder cancer, hypertension, hyperthyroidism, left hip disorder, osteoporosis, peptic ulcer, right foot vascular disorder, and sinusitis are remanded.

The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to September 19, 2019 was denied as his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation during that period.

The Board has granted service connection for an acquired psychiatric disorder (other stressor-and-trauma-related disorder) due to a sexual assault in service. Service connection was denied for a back disability as there is no current evidence of such a condition.

The Veteran's claims for service connection and increased ratings have been granted, with the effective dates being determined based on when his claims were received. The TDIU claim has also been granted.

The Veteran's lumbar spine disorder, radiculopathy of the lower extremities, obstructive sleep apnea, and pulmonary hypertension have been granted service connection. The heart disorder claim is remanded for further examination. The numbness of upper extremities and arthritis claims are also remanded.

The Board has remanded the case due to a duty to assist error regarding the relationship between the Veteran's current back disorder and his service-connected bilateral plantar fasciitis. The Veteran is requested to undergo a VA examination to determine if his back disorder is related to his military service or caused by his service-connected bilateral foot disability.

The Veteran's service-connected disabilities, including back and right shoulder conditions, are found to be sufficient to render him unable to obtain and maintain substantially gainful employment. The Board also finds that the Veteran does not meet the criteria for Dependent's Educational Assistance (DEA) benefits as he did not have a permanent total service-connected disability at the time of his claim.

The Board has granted service connection for lumbar spine degenerative disc disease and cervical spine degenerative disc disease, finding that the Veteran's conditions are related to his active service.

The Veteran's claim for an increased rating in excess of 30 percent for his service-connected cervical spine disability is being remanded due to a pre-decisional duty-to-assist error.

The Veteran's tinnitus is granted as service-connected.,The claims for an acquired psychiatric disorder, back disability, and benign prostatic hypertrophy are remanded due to insufficient evidence on the merits of these claims.