Back / lumbar spine decisions — 2021

The Veteran's claim for a higher rating for his spondylolysis, L4-L5, lumbar spine with degenerative disc disease and herniated nucleus pulposus L3-L4 was denied. The Veteran is currently rated at 20 percent prior to June 3, 2021, and the Board found that a higher rating is not warranted.

The Board dismissed the claim of service connection for a cervical spine condition as it was rendered moot by the August 2021 rating decision that granted this condition. The issue of service connection for a thoracolumbar spine condition is remanded to the RO.

The Board has denied the Veteran's claims for service connection for a left knee condition and a lower back condition, finding that there is no evidence to support these conditions began during active service.

The Veteran's service-connected lumbosacral strain with degenerative joint disease is currently rated at 20 percent, which is the maximum rating available under VA regulations. The Board finds that his condition does not warrant a higher rating as it has not resulted in ankylosis or other functional equivalent of ankylosis.

The Veteran's claims for increased ratings and TDIU were denied. The back disability was rated at 20 percent, the left lower extremity radiculopathy at 20 percent, and a TDIU was granted from November 15, 2016 to February 21, 2021.

The Veteran's lumbar strain, right ankle sprain, and right knee DJD have all been denied higher ratings.,Specifically, the Veteran's lumbar strain is rated at 20 percent prior to June 2, 2010, but not in excess of that. His right ankle sprain has a maximum rating of 20 percent as of June 2, 2010. His right knee DJD also has the maximum schedular rating.

The Board has remanded the Veteran's claims for further development, including obtaining additional VA treatment records and scheduling a new VA examination by an orthopedic specialist to assess his service-connected right knee condition. The TDIU and DEA benefits claims are also being remanded.

The Veteran meets the schedular percentage requirements for Total Disability Rating Based on Individual Unemployability (TDIU) due to his service-connected disabilities, which prevent him from securing and following substantially gainful employment.

The Veteran's appeals for service connection and increased ratings have been withdrawn, resulting in the dismissal of all claims.

The Veteran's claims for service connection for lumbar and cervical spine disabilities, as well as hyperlipidemia, were denied. The claim for a higher rating for bilateral hearing loss was also denied. An effective date earlier than May 10, 2018 for the grant of service connection for bilateral hearing loss is denied.

The Veteran's claim for an effective date prior to April 10, 2018, for the award of special monthly compensation (SMC) based on need for regular aid and attendance was denied. The Board found that the Veteran did not file a formal or informal claim for SMC before April 20, 2018, and that it was not factually ascertainable he needed regular aid and attendance within one year prior to his claim.

The Veteran's TDIU and DEA benefits were granted effective August 26, 2011.,Earlier effective dates for these benefits are not warranted.

The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically failure to obtain and associate with the record certain medical records from his Reserve Component service, Social Security Administration disability benefits, and treatment records. The Veteran is also required to undergo VA examinations for psychiatric and hearing loss issues.

The Veteran's cervical spine disability is rated at 30 percent for the entire initial rating period from June 9, 2020. The issue of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been remanded.

The Board has found that the duty to assist occurred prior to the December 2019 rating decision and a remand is necessary to correct this deficiency. The Veteran's claims for service connection for residuals of a lumbar laminectomy; scoliosis, and an incomplete tear of the right shoulder, rotator cuff tendonitis are being remanded due to the need for additional examinations and development.

The Veteran's prostate cancer residuals are rated at 60% from January 1, 2019. The Board found that the evidence is in equipoise as to whether the Veteran's voiding dysfunction requires absorbent materials changed more than four times per day.,The Veteran's lumbar spine disability was remanded for a VA examination testing range of motion on active and passive motions, weight-bearing, and non-weight bearing. The VA examiner did not comply with these requirements.

The Board has remanded the Veteran's claims for service connection due to insufficient information in his initial notice of disagreement.

The Board has determined that the Veteran's claims for service connection for systemic sclerosis and a rating in excess of 20 percent for degenerative disc disease are remanded due to procedural errors. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment, and he is granted a TDIU since December 6, 2016. Effective December 6, 2016, the Veteran is also granted SMC at the housebound rate.

The Board has denied service connection for a low back disorder due to lack of evidence linking the condition to service or any service-connected disability. The case is remanded for further development regarding hypertension and leg disorders.,Service connection for hypertension cannot be established as there is no medical opinion linking it to herbicide exposure.