Back / lumbar spine decisions — 2021

The Veteran's bilateral pes planus, right knee degenerative joint disease, left knee replacement, cervical spine disorder (including cervical strain, cervical degenerative spondylosis, and degenerative disc disease with stenosis and myelopathy), right shoulder calcific bursitis, left shoulder degenerative arthritis, right cervical radiculopathy, left cervical radiculopathy, right wrist strain, left wrist strain, right hand strain, and left hand strain are all granted. The Veteran's foot disorder other than bilateral pes planus and back disorder are remanded for further development.

The Veteran's appeal for service connection and a rating was dismissed due to the death of the appellant, as the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's lower back disability, including spinal stenosis and degenerative disc disease (DDD) and degenerative joint disease (DJD), was granted a 40 percent rating effective July 22, 2015. The condition has been rated as unfavorable ankylosis of the thoracolumbar spine.

The Veteran's service-connected disabilities, including ischemic heart disease, diabetes mellitus, peripheral neuropathy of the right lower extremity, degenerative arthritis of the left ankle, chronic lumbar strain, tinnitus, and bilateral hearing loss, have resulted in a combined rating of 90 percent. The Board has granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability is being remanded due to the need for additional development, including obtaining recent medical records from St. Francis Hospital in Charleston.

The Board has decided to remand the case for further development and consideration of whether the Veteran is eligible for a total disability rating based on individual unemployability (TDIU) during certain periods due to service-connected disabilities.

The Veteran's claim for service connection for a right elbow disability has been denied as there is no evidence of a current disability.,The claims for service connection for back disability and acquired psychiatric disorder have been reopened due to the submission of new and material evidence, but further development is needed before reaching a decision on their merits.

The Veteran's TDIU claim is remanded due to the need for additional development, including VA examinations and consideration of new evidence. The case will be referred to the Director, Compensation Service, if the Veteran does not meet schedular criteria for TDIU.

The Veteran's claims for increased ratings for his left wrist disability and arthritis of the lumbosacral spine were denied. The Board found that a higher rating was not warranted based on the evidence provided.

The Veteran's claim for a higher rating for his back condition was denied.,His claims for increased ratings for bilateral lower extremity radiculopathy were also denied.

The Board has decided that the Veteran's claims for various conditions, including bilateral hearing loss, tinnitus, and vision loss, need further review due to potential death of the Veteran. The appeal is being remanded for additional development.

The Veteran's TDIU claim on a schedular basis prior to September 10, 2012 is denied as he did not meet the criteria for a schedular TDIU.,The initial compensable rating for right foot tinea pedis is denied due to the disability affecting less than 5% of total body area and exposed areas with no systemic therapy required.,TDIU on an extraschedular basis prior to September 10, 2012 is remanded as evidence suggests he may have been unable to obtain or maintain substantially gainful employment due to his service-connected disabilities.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as he did not meet the schedular requirements and his preponderance of evidence showed that he was capable of substantially gainful employment prior to his passing.

A rating of 20 percent for right lower extremity neurological impairment is granted, effective prior to September 16, 2020. A rating in excess of 20 percent for the same condition beginning September 16, 2020 is denied.,Service connection for left hip disability and back disability is denied.

The Veteran's cervical spine, lumbar spine, left knee, right knee, and cognitive impairment (memory loss) disabilities are all granted as service-connected.,New evidence has been submitted to reopen the claims for these conditions.

The Veteran's lumbar spine disability, even with consideration of painful motion, was not manifested by forward flexion limited to greater than 30 degrees but not greater than 60 degrees. The RO denied an initial rating in excess of 10 percent prior to February 3, 2020 and a rating in excess of 20 percent thereafter for lumbar spine disability.

The Board has remanded the case due to incomplete VA examinations and requests for additional information.

The Board denied the Veteran's claims for effective dates before July 22, 2011 for service connection of neuroforaminal stenosis of the lumbar spine, left knee patellar tendonitis, right knee patellar tendonitis, and a right eyebrow scar.

The Veteran's claims for service connection have been remanded due to the need for additional medical records and examinations.

The Board has remanded the claims for service connection for left shoulder, right shoulder, cervical spine, and thoracolumbar spine disorders due to the need for additional medical opinions regarding whether these conditions are related to active service.