Back / lumbar spine decisions — 2021

The Veteran's appeals have been dismissed due to his withdrawal of the appeal.

The Veteran was granted TDIU beginning April 1, 2008. The Board found that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of that date.,VA denied an extraschedular rating for migraine headaches prior to April 1, 2008.

The Board has decided to remand the case due to inadequate VA examinations, and a new examination is needed to assess the Veteran's lumbar strain including radiculopathy.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since December 7, 2009.

The Veteran's lumbar spine degenerative disc disease with arthritis is granted a 40 percent rating prior to May 6, 2019. However, the claim for a higher rating from that date forward is denied.

The Board has remanded the cases due to inadequate examination reports and the need for additional opinions regarding functional impairment during flare-ups.

The Board has determined that the Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities, including low back strain with degenerative joint disease. The TDIU will be granted but without an effective date.

The Board has remanded the case for further development, including an examination of the Veteran's spine and obtaining additional VA treatment records. The issues of entitlement to earlier effective dates and increased ratings remain part of this appeal.

The Veteran's claims for service connection have been reopened and are granted to the extent that new and material evidence has been received. The appeals for left hip, right hip, left ankle, back, and left knee conditions remain pending.

The Veteran's claim for financial assistance in the purchase of one automobile or other conveyance and automobile adaptive equipment is remanded. The Board also requests an examination to assess the functional impairment attributable to his service-connected disabilities, including whether they limit his ability to use his left hand with a prosthetic.

The Veteran's appeal for higher ratings for chronic lumbosacral strain and left knee chondromalacia patella has been remanded due to the need for further development.

The Board has granted service connection for left knee disability, right knee disability, back disability, and obstructive sleep apnea. The conditions are deemed to be related to service.

The Veteran's appeal is remanded for additional examinations and to obtain relevant medical records. The issues include seeking higher ratings for service-connected disabilities, determining the nature of a claimed traumatic brain injury, and evaluating the impact on TDIU.

The Board has determined that there was not substantial compliance with the previous remand directives regarding the Veteran's lower back disability. Therefore, another remand is required to obtain a medical opinion addressing the lay statements concerning the onset and continuity of symptomatology related to her lumbar spine disability.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate development of his lumbar spine disability, sciatica of the lower extremities, and femoral nerves. The claims are being returned for further development.

The Board has remanded the issue of Total Disability based upon individual unemployability (TDIU) from September 1, 2020 due to it being inextricably intertwined with a pending appeal. The referral to the Director of Compensation Service for extraschedular TDIU is deferred until jurisdiction is returned to the Board.

The Veteran's initial ratings for degenerative arthritis of the lumbar spine and right lower extremity radiculopathy have been granted at 20 percent each, effective from October 3, 2016. The Veteran also received a separate rating for bladder dysfunction as secondary to his service-connected lumbar spine disability, and was granted TDIU due to his service-connected disabilities.

The Board has remanded the cases for further development due to failure to reschedule VA examinations. The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities remain before the Board.

The Board has decided to remand the case due to incomplete VA opinions regarding the Veteran's service-connected disabilities and workplace limitations. The case will be returned for further development.

The Board has remanded the claims for service connection and initial rating of PTSD, as well as the issues related to right knee and foot disabilities due to incomplete development.