Back / lumbar spine decisions — 2021

The Veteran's service-connected lumbar spine disorder is rated at 20 percent, effective August 25, 2017. Ratings of 20 percent are also granted for RLE and LLE sciatic and femoral nerve radiculopathies, also effective August 25, 2017.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from January 25, 2008 to May 24, 2010.

The Board denied a rating in excess of 20 percent for the appellant's service-connected lumbosacral strain, finding that his symptoms did not meet the criteria for a higher rating based on limitation of motion or other disability factors.

The Board has remanded the Veteran's claims for obstructive sleep apnea and a neck disability, to include degenerative disc disease, due to inadequate analysis of the lay evidence regarding the onset and continuity of symptoms.

The Veteran's claim for an increase in the ratings assigned for his low back disability was denied. The rating of 20 percent is maintained from December 19, 2016 onwards.

The Board has remanded the claims of service connection for gastrointestinal disability, pancreatitis, and diabetes mellitus due to a gastrointestinal disability. Additional development is needed.

The Veteran's appeal for increased ratings and TDIU was denied. The decision also granted SMC at the housebound rate prior to August 6, 2010.

The Veteran's service-connected PTSD and other disabilities have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU from February 13, 2018. Additionally, his single service-connected disability rated at 100 percent (PTSD) combined with additional disabilities independently ratable at 60 percent or more qualify him for SMC under specific VA regulations.

The Veteran was unable to secure or follow a substantially gainful occupation prior to May 1, 2007 due to his service-connected disabilities. The Board denied the claim for TDIU as there was no evidence showing that the Veteran's service-connected disabilities prevented him from securing and following any substantially gainful employment.

The Veteran's low back disability was initially rated at 20 percent prior to June 4, 2019 and increased to 40 percent thereafter. The appeal is remanded for further development regarding the TDIU claim.

The Veteran's increased ratings claims for lumbar strain with spondylosis and associated lower extremity radiculopathy are remanded due to inadequate examination reports.

The Veteran's post-operative residuals of a herniated lumbar disc and lumbar spondylosis with IVDS are not entitled to a compensable initial rating prior to July 23, 2012. The Veteran's radiculopathy of the right lower extremity is not entitled to an initial rating in excess of 10 percent prior to July 23, 2012.

The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to September 7, 2010.

The Board has remanded the cases for further development and an addendum opinion regarding the Veteran's acquired psychiatric disorder. Service connection for a low back disability is denied as there is no evidence of a current disability related to service.

The Veteran's back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are all rated at the maximum allowable under VA regulations. The Veteran’s right hand disability is also rated at the maximum allowable.

The Board has decided to remand the case due to a failure to obtain service treatment records from Landstuhl Army Hospital and to provide an adequate VA medical opinion regarding the Veteran's back disability.

The Veteran's lumbosacral strain was granted a 40 percent evaluation from August 3, 2010 to February 24, 2014. His left and right knee disabilities were denied increased ratings.

The Veteran's facial scars are granted a 10 percent rating. The back and neck disabilities are remanded for further examination and opinion.

The Veteran's lumbosacral spine disability was granted a 40 percent rating from April 2, 2013 to August 2, 2020. The Veteran is not entitled to higher ratings for his lumbosacral spine disability during this period.

The Veteran's TDIU claim is denied as he does not meet the schedular threshold for a TDIU prior to January 30, 2019 due to his service-connected disabilities. The combined rating was at least 70% since July 30, 2013 and 100% effective since January 30, 2019.