Back / lumbar spine decisions — 2020

The Board has remanded the Veteran's claims for right shoulder condition, right and left lower extremity conditions as secondary to recurrent lumbar strain due to inadequate VA examination opinions. The Veteran must provide updated medical records and a new VA examination is required.

The Board has remanded the claims for service connection for major depressive disorder as secondary to eczema and other service-connected disabilities due to insufficient evidence in the record.

The Board has denied service connection for bilateral hearing loss and tinnitus. The claims for lower back, right hip, left hip, right hand, left hand, right finger(s), left finger(s), and dizziness are remanded for further development.

The Board has remanded the cases for additional development due to inadequate VA examinations and other procedural issues.

The Board has remanded the cases for additional development due to inadequate examination reports and failure to address specific evidence.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, nor does the evidence show that he is unable to obtain or maintain substantially gainful employment solely as a result of his service-connected disabilities. The Board denied entitlement to TDIU, including on an extraschedular basis.

The appeal seeking service connection for recurrent ingrown toenails, a rating in excess of 10 percent for lumbosacral strain, and an earlier effective date prior to July 7, 2017 for the grant of service connection for Ewing’s sarcoma is dismissed due to the Veteran's death.

The Veteran's right knee disability is granted service connection. The low back disability remains at a 40% rating, but the Veteran is granted a separate 10% rating for left lower extremity radiculopathy effective March 27, 2008. Right lower extremity radiculopathy continues to be rated as 20%. The issue of entitlement to TDIU is remanded.

The Board has denied a higher disability rating for low back strain and remanded the TDIU claim from March 16, 2010 to June 17, 2013. The decision on service connection is granted with a 20% rating.

The Board has remanded the case due to inadequate examinations and incomplete information. The Veteran's disability rating for lumbar strain needs to be reassessed with a new examination that includes range of motion testing in both active and passive motions, weight-bearing and non-weight-bearing.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, and the Board has granted his claim for TDIU.

The Veteran's claim for TDIU is remanded due to insufficient medical evidence and the need for a retrospective opinion on his disability from February 3, 2015 to February 1, 2017. The case will also be referred to the Director of Compensation Service for extra-schedular consideration.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating due to individual unemployability (TDIU) as his combined evaluation is less than 60% and he can still engage in substantially gainful employment.

The Veteran's degenerative joint disease and disc disease of the lumbar spine with history of low back strain is granted a 20 percent rating, effective June 15, 2020. A separate 10 percent rating for radiculopathy of the left lower extremity is also granted.

The Veteran's left knee disability was restored to a 20 percent rating from November 1, 2020. The Board found the reduction of his left knee disability rating to 10 percent in September 2017 was not properly made and granted restoration.

The Board denied service connection for various foot and ankle conditions, including a back condition. The evidence did not support a finding that the Veteran's current conditions were related to his military service.

The Veteran's lumbosacral soft tissue edema/swelling is at least as likely as not associated with her service-connected thoracolumbar spine disability, and the Board has granted service connection for this condition.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and a psychiatric disorder, as well as his claim for TDIU due to inextricably intertwined issues. The appeals are now pending again with the Board.

The Veteran's claims for service connection of right ankle, knee, and low back conditions secondary to his left ankle condition are remanded due to inadequate medical opinions.

The Veteran's service connection claim for degenerative disc disease of the lumbar spine with arthritis is granted as his current condition can be linked to his in-service symptoms and post-service progression.