Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment from June 13, 2010. The reduction in rating for bilateral cataracts was remanded due to inadequate SOC addressing its propriety. The compensable rating for bilateral cataracts is also remanded as the criteria were revised effective May 2018.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment for the period from November 15, 2012 to February 15, 2013, and granted a TDIU on an extraschedular basis.

The Board has reopened the Veteran's claims for service connection for narcolepsy, a back disability, hypertension, right leg disability, and left leg disability due to new evidence showing they are related to an in-service personal assault. The claims are granted.

The Veteran's claim for service connection for a back disorder is remanded due to the need to obtain in-patient/hospitalization records from Portsmouth Naval Hospital, where he received treatment for an in-service motor vehicle accident. The AOJ should review the record and conduct any additional development needed.

The Veteran's lumbosacral sprain has been rated at 20 percent since November 3, 2010. The Board denied a higher rating as the evidence does not show that his forward flexion is limited to 30 degrees or less, which would warrant a 40 percent rating.

The Board has remanded the claims for low back disability, brain tumor, and residuals of a broken nose due to incomplete examination reports and missing VA treatment records. The Veteran's service connection claims are being reviewed again with additional examinations.

The Board has granted an effective date of July 7, 2005 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding the Veteran's income and unreimbursed medical expenses for the entire rating period on appeal from June 2012. The Veteran is still presumed permanently and totally disabled, but further development is needed to determine if his income meets the applicable maximum annual pension rate (MAPR).

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's back disability. The VA is instructed to obtain additional records and conduct a new examination.

The Veteran withdrew his appeals for service connection of all listed conditions.

The Veteran's left ear sensorineural hearing loss and low back disability are granted service connection. The Veteran's right hip disability is remanded for further examination, and his right ear sensorineural hearing loss claim is also remanded.

The Veteran's service-connected low back and right ankle disabilities, in combination, render him unable to maintain substantially gainful employment. The Board grants a TDIU rating effective from August 3, 2009.

The Veteran's appeals for increased ratings for his service-connected lumbar spine spondylosis and left lower extremity radiculopathy of the sciatic nerve have been dismissed as he has withdrawn his appeal.

The Veteran's lumbar spine disability is rated at 10%, and a separate 20% rating for right lower extremity radiculopathy (femoral nerve) associated with the lumbar spine disability has been granted. Initial 20% ratings have also been assigned for degenerative joint disease of the right metatarsophalangeal joint of the right foot and left metatarsophalangeal joint of the foot.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations of his service-connected disabilities.,The Veteran has multiple service-connected conditions, including atrial fibrillation, hypertension, degenerative disc disease (DDD) of the lumbosacral spine, right shoulder arthroplasty, left shoulder debridement, right knee replacement, and status post left knee ACL reconstruction. The appeal is remanded to allow for further evaluations and determinations regarding these conditions.

The Board denied the Veteran's motion to revise a previous decision on the basis of clear and unmistakable error, finding that there was no CUE in the March 2019 decision.

The Veteran's service-connected DDD of the cervical spine and PTSD have prevented him from securing or following a substantially gainful occupation since April 19, 2018.

The Veteran's initial rating for right knee disability remains at 10 percent.,The Veteran's initial rating for left knee disability remains at 10 percent.

The Board has granted a 30 percent rating for the service-connected spermatic cord neuralgia, but is remanding the issue of service connection for a low back condition. The Veteran's attorney requested additional VA treatment records from Long Beach VAMC to be obtained and reviewed.

The Board has remanded the Veteran's claims for service connection, increased evaluation, and TDIU due to incomplete development in previous examinations. The low back disability claim is remanded as there was no discussion of in-service complaints or treatment notes. The left knee disability claim requires an additional VA examination to assess painful motion and range of motion limitations. The TDIU claim must be deferred until the other claims are resolved.