Back / lumbar spine decisions — 2021

The Veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The Veteran's claims for increased ratings and a TDIU were denied due to his failure to report for necessary VA examinations without good cause.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they are rated at 20% and 40%, respectively, which is sufficient to consider him unemployable. The Board finds that his employment history and educational background support his ability to maintain substantially gainful employment despite his disability.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including back disability, headaches, diabetes mellitus, prostate cancer, bilateral foot condition, and an acquired psychiatric disorder. The claims are being remanded to obtain medical opinions regarding these issues.

The Board has remanded the claims of bilateral foot disabilities and back disability for further review due to new evidence submitted since the last decision.

The Board has remanded the case due to deficiencies in the VA examiner's opinion regarding the etiology of the Veteran's claimed low back disability. The claim is being returned for a new examination and opinion.

The Veteran's claims for increased ratings for left and right total knee replacements were denied as the clinical evidence did not reflect severe painful motion or weakness in the affected extremities.,The Veteran's claim for an increased rating for lumbosacral strain prior to October 9, 2012 was denied because the medical evidence did not show forward flexion of less than 30 degrees or unfavorable ankylosis.

The Veteran's service-connected disabilities do not render her unable to secure or follow substantially gainful employment, and the Board denies a TDIU.

The Board has determined that the Veteran did not receive notice of the April 2010 denial and thus, the decision is not final. The claims are being remanded for further action.

The Veteran's service-connected disabilities prevented her from being gainfully employed since January 28, 2010.

The Veteran's asthma and panic disorder with agoraphobia features, right knee degenerative joint disease, left knee chondromalacia, right shoulder rotator cuff tendinopathy, and thoracolumbar spine strain with degenerative disc disease are all being remanded for further development.

The Board has remanded the Veteran's appeal for further development, including obtaining VA treatment records and scheduling examinations to assess his lumbar spine disorder and right and left lower extremity radiculopathy. The issues of an initial rating of more than 40 percent for chronic lumbosacral strain with IVDS and spinal stenosis, entitlement to TDIU since November 25, 2015, entitlement to SMC based on the need for regular aid and attendance, and entitlement to SMC under 38 U.S.C. § 1114(s) are all remanded.

The Board has found that the VA thoracolumbar spine examination conducted in October 2019 is inadequate and requires clarification. The Veteran's claim for a higher rating for his service-connected IVDS of the lumbosacral spine with neuropathy will be remanded to allow for further development.

The Board has granted service connection for a low back disability, finding that the Veteran's current disability is at least as likely as not related to his active duty service.

The Board has dismissed all claims for service connection and evaluations related to the veteran's disabilities, as the appellant died during the pendency of the appeal.

The Veteran's low back, left hip, and left knee disabilities are being remanded for further examination to determine if they are related to his service-connected bilateral pes planus.

The Board has reopened the claim for service connection for a low back disorder due to new and material evidence received since the December 2001 rating decision. The case is remanded for further development, including scheduling of a VA examination.

The Board has dismissed the appeals for service connection of a back disorder, left knee disorders, right knee disorders, and hair bumps. The appeal for service connection of an acquired psychiatric disorder is remanded.

The Veteran's service-connected disabilities have led to a TDIU for the period beginning August 30, 2019. The case is remanded for further action on his claim of a rating in excess of 20 percent for lumbar spine spondylolisthesis and for extraschedular consideration of his TDIU prior to August 30, 2019.

The Board has decided to remand the Veteran's claims for service connection for degenerative arthritis and degenerative disc disease of the cervical spine due to additional development being needed.