Back / lumbar spine decisions — 2021

The Veteran's claim for a higher initial rating on an extraschedular basis for his low back disability prior to May 23, 2011 was denied. The Veteran is in receipt of SMC based on need for aid and attendance due to loss of use of both feet.

The Veteran's appeal was dismissed due to their death, and no service connection decisions were made.

The Veteran's back disability was evaluated as 20 percent disabling prior to July 29, 2015 and 40 percent disabling starting from that date. The appeal is remanded for further development.,For the period starting July 29, 2015, the Veteran’s degenerative disc disease of the lumbar spine was characterized by forward flexion limited to 10 degrees but not ankylosis. A higher rating is denied as the criteria are not met.,The procedure to implant a pain pump did not require convalescence from August 2016 to October 2016, and thus the temporary total rating for convalescence is denied.

The Veteran's disability rating for his back condition was increased from 20 percent to 40 percent effective June 25, 2015.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status was denied as he did not meet the criteria under 38 U.S.C. § 1114(s).

The Veteran's claim of entitlement to a TDIU was part and parcel of his underlying claim of entitlement to increased ratings for his shoulder condition. The Board denied the TDIU as it appears that the Veteran was gainfully employed, although there is incomplete information regarding the precise dates of employment and whether such was gainful.

The Veteran's service-connected disabilities (low back injury and diabetes) did not prevent him from obtaining or maintaining substantially gainful employment prior to February 20, 2008.

The Board denied service connection for lumbar spine disability and obstructive sleep apnea, finding that the current conditions did not manifest during or within one year after service and were not otherwise related to service.

The Board denied the Veteran's appeal as the withholding of compensation benefits to recoup Special Separation Benefits (SSB) in the amount of $40,330.57 was proper.

The Board has granted service connection for left hip disability and low back disability, both found to be secondary to the Veteran's service-connected bilateral knee disabilities.,Both conditions are now considered service connected.

The Board has dismissed the appeals as the appellant died during the pendency of the appeal.

The appeal for an evaluation in excess of 20 percent for lumbar degenerative disc disease with degenerative arthritis is dismissed. The case is remanded for further review on service connection for a neurocognitive disorder, to include Alzheimer's disease.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that his current condition is related to his military service. The evidence shows he had chronic back pain since basic training and continued complaints of intermittent yet chronic back pain since service.

The Veteran's right lower extremity radiculopathy associated with his lumbosacral spine disability is now service connected, and he receives a 20% rating for this condition.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's service-connected conditions, particularly for his lumbar spine disability. The claims are being remanded to obtain relevant treatment records and to schedule a VA examination.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, arthritis, and a back condition due to additional development being necessary.

The Veteran's degenerative arthritis of the lumbar spine is rated at 50% effective from August 28, 2020. The Board granted a special monthly pension based on need for aid and attendance due to his disabilities.

The Board has remanded the Veteran's claims of entitlement to service connection for left knee disability, cervical spine disability, thoracolumbar spine disability, and sciatica due to inadequate VA medical opinions in previous remands.

Right knee chondromalacia and left knee chondromalacia have been granted service connection.,Bilateral pes planus has been granted service connection based on aggravation during service.

The Board denied the Veteran's claim for an earlier effective date for his TDIU award, finding that prior to March 31, 2006, his service-connected disabilities did not meet the criteria for a TDIU.