Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, and the Board has granted his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings and TDIU have been denied. The Board found that the evidence did not support a finding of ankylosis or incapacitating episodes due to IVDS, and thus, the Veteran's service-connected back condition does not warrant a rating in excess of 20 percent. Similarly, his right and left lower extremity radiculopathies were rated as moderate based on the provided evidence.

The Veteran's TDIU claim prior to November 10, 2015 was denied as the combined disability rating did not meet the minimum schedular criteria. The SMC claim since November 10, 2015 is remanded due to insufficient efforts in obtaining private medical records.

The Veteran withdrew his appeals regarding various service connection claims, including for bilateral hearing loss, left arm condition, lumbar strain, left knee condition, left ankle condition, plantar fasciitis, anxiety condition, migraine headaches, jaw condition, lung condition, bronchitis, pneumonia, cervical strain, right shoulder condition, left shoulder condition, right arm condition, right wrist condition, left wrist condition, kidney stones, right hip condition, left hip condition, and right ankle condition. The appeals were dismissed due to the Veteran's withdrawal of his claims.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of any in-service injury or disease related to the current condition and no continuity of symptoms since separation.

The Veteran's skin condition, lumbar spine strain, cervical spine DDD, and PTSD with insomnia are all granted. The Veteran is assigned a 50 percent rating for PTSD with insomnia.

The Board has granted service connection for a left leg disability as secondary to the Veteran's service-connected degenerative arthritis of the thoracolumbar spine.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, lumbar spine disability (degenerative arthritis), bilateral lower extremity radiculopathy, left thigh varicosities, right thigh varicosities, and tinnitus, are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his education and occupational background. As such, a TDIU is granted.

The Veteran's claims for service connection for lumbar and cervical spine disorders have been remanded due to the submission of new evidence. The Board will conduct further examinations to determine if these conditions are related to his military service.

The Board has remanded the claims for service connection for lumbar spine, right shoulder, and left shoulder disabilities due to insufficient evidence in the VA examinations.

The Board has remanded the Veteran's claims for service connection due to deficiencies in the medical opinions provided. The claims are related to skin disorders, lumbar spine disorders, radiculopathy of the right lower extremity, and peripheral neuropathy of various upper and lower extremities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Veteran's lumbar strain, now with degenerative changes, is currently rated at 20 percent prior to May 20, 2021 and in excess of 20 percent thereafter. The Veteran's right knee patellofemoral syndrome is also denied.

The Board has reopened the Veteran's claims for service connection for right knee, left knee, and low back disabilities due to new and material evidence. However, these claims are still remanded as there is insufficient medical opinion regarding the relationship between the current disabilities and service.

The Veteran's claims for increased ratings are remanded due to the need for additional VA examinations to assess the current severity of his lower back, right ring finger, right knee, and right foot disabilities.

The Board denied service connection for erectile dysfunction (ED) and urinary incontinence/neurogenic bladder, both claimed as secondary to a service-connected back disability.,There is no direct evidence linking the Veteran's ED or urinary issues to his military service. The VA examiners found that there was insufficient medical evidence to support the claims of secondary service connection.

The Board has granted payment or reimbursement for the cost of medical treatment received at Banner Del Webb Medical Center on October 15, 2011 due to a prudent layperson's expectation that immediate medical attention was necessary.

The Veteran was granted a TDIU based on his service-connected back disability prior to January 15, 2010.,Dependents' Educational Assistance (DEA) benefits were also granted for the period from December 30, 2005 to June 2, 2008.

The Board has vacated its decision and dismissed the appeals for TDIU prior to January 15, 2010 and DEA benefits prior to June 2, 2008 due to the Veteran's death.

The Board has dismissed all appeals regarding service connection for various conditions, including lumbar spine disability, heart disease, and hypertension. The appeals seeking increased ratings and compensation were also dismissed.