Back / lumbar spine decisions — 2021

The Board has reopened the Veteran's claim for service connection of a low back disability due to new and material evidence received since the last final denial. The case is now remanded for further development, including obtaining VA treatment records and Social Security Administration (SSA) medical records.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for updated VA treatment records and a new VA examination.

The Veteran's residuals of status post lumbar laminectomy prior to August 16, 2017 were rated at 10 percent and the Board found that a higher rating was not warranted based on the evidence.

The Board denied the Veteran's claim for an effective date prior to November 29, 2016 for the grant of TDIU. The evidence did not show that the Veteran was unable to secure and follow a substantially gainful occupation solely due to his service-connected disabilities.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and tinnitus, have prevented him from securing or following a substantially gainful occupation prior to July 29, 2016. The Board has granted TDIU on an extra-schedular basis.

The Veteran's lumbar strain is currently rated at 20 percent, effective from March 6, 2020. The Board denied the claim for an increased rating as his symptoms do not warrant a higher evaluation.

The Veteran's claim to reopen entitlement to service connection for a low back disability has been granted. The issues of entitlement to service connection for various other conditions have also been remanded.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus denying his claim for TDIU.

The Veteran is granted a higher level of SMC at the intermediate rate between subsections (m) and (n), as his psychiatric disability, on its own, requires aid and attendance. He also has another separate disability rated at 100 percent due to low back pain, which necessitates aid and attendance.

The Veteran has withdrawn his appeals for all issues related to service connection, including asthma, ankle disability, depression, foot condition, low back condition, neck condition, right knee condition, sinusitis, and sleep apnea.

The Veteran's TMJD, generalized anxiety disorder with depressive symptoms, lumbar degenerative disc disease with small focal central disc herniation, right wrist sprain, status post right thumb fracture, healed, peripheral neuropathy of the median nerve (left index finger and right thumb), patellofemoral pain syndrome of the left knee, patellofemoral pain syndrome of the right knee, lateral collateral ligament sprain of the left ankle, lateral collateral ligament sprain of the right ankle, tinnitus, trochanteric pain syndrome including trochanteric bursitis (right hip), hallux valgus of the left foot, and hallux valgus of the right foot have all been granted effective dates prior to June 22, 2018.,The Veteran's recurrent urinary tract infection has not been granted an effective date prior to June 22, 2018.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent prior to December 6, 2019, and in excess of 40 percent thereafter for low back disability, as well as his claim for TDIU prior to April 16, 2019. The remand is due to the need for issuance of a supplemental statement of the case.

The Veteran's lumbar spine degenerative disc disease has been rated at 20 percent since the appeal period began, based on limitation of motion. The rating is not higher due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis of the lumbar spine. The issues of secondary service connection for hypertension and chronic kidney disease to coronary artery disease are remanded.,Service connection is also granted for TDIU due to all service-connected disabilities.

The Veteran's appeals for eye/vision problems, GERD, and back condition have been withdrawn. The claim of service connection for a back condition has been reopened due to new evidence submitted.

The Veteran was not unemployable prior to September 16, 2011. The Board denied entitlement to TDIU for this period.

The Veteran is granted a total rating based on individual unemployability (TDIU) effective September 25, 2019 due to service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to conflicting findings regarding his right knee total arthroplasty, as well as issues related to degenerative disc disease with spondylolisthesis and lumbar fusion. The Veteran is also entitled to a rating in excess of 60 percent for his right knee total arthroplasty on and after November 1, 2013.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Veteran's lumbar spine disability was rated at 10 percent from January 1, 2014 to December 5, 2019. From December 6, 2019, the condition is rated at 10 percent.