Back / lumbar spine decisions — 2021

The Board denied a schedular rating in excess of 40 percent for the Veteran's lumbar spine disability and denied entitlement to a total disability rating based on individual unemployability (TDIU) as a result of service-connected disabilities.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue of entitlement to special monthly compensation (SMC) is remanded for further development.

The Board has determined that further development is necessary before the claims can be adjudicated. The Veteran’s VA treatment records need to be updated, and he should be provided an opportunity for a VA examination to assess his current disability levels.

The Board denied the Veteran's claims for service connection for right total knee replacement, left shoulder disability, lumbar spine disability, right leg disability (radiculopathy), and left leg disability (radiculopathy) due to a lack of evidence showing in-service onset or relationship to service.

The Veteran's claims for increased ratings for lumbar spine with degenerative changes and radiculopathy of the right and left lower extremities were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or neurological impairment.

The Board has remanded the Veteran's claims for additional VA examinations to determine the functional impact of flare-ups on his right ankle, left knee, right knee, and thoracolumbar spine disorders.

The Veteran's service-connected conditions do not prevent him from securing and following substantially gainful employment, as he has been employed as a commercial delivery truck driver for several years.

The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy have been evaluated at the lowest available ratings (10% for each). The Board finds that the evidence does not support a higher rating.,The Veteran's lumbar spine disorder has also been evaluated at the lowest available rating (10%). The Board finds that the evidence does not support a higher rating.

The Board has vacated the June 2020 decision denying service connection for a lumbosacral spine disability and an acquired psychiatric disability. The case is remanded to determine if there is evidence of in-service injury or disease that could be linked to these conditions.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, and bilateral hearing loss, have rendered him unable to secure or maintain substantially gainful employment since March 1, 2020. The Board has granted a TDIU effective from that date.

The Veteran's lumbosacral spine strain is rated at 20 percent, granting an increased rating. Service connection for radiculopathy of the left and right lower extremities remains unresolved.

The Board has remanded the case for a VA examination to determine if the Veteran's cervical spine disability is related to his active military service and, if so, whether it is secondary to his service-connected right ankle or lower back disabilities.

The Veteran's service-connected lumbosacral strain with degenerative arthritis and intervertebral disc syndrome is currently rated at 20 percent prior to September 21, 2015 and 40 percent on and after that date. The appeal for higher ratings has been denied.

The Board has granted service connection for the Veteran's back, left hip, and right hip disabilities as they are related to his active military service.

The Board has granted service connection for low back and neck disabilities, but denied the Veteran's claims for PTSD and left knee disability due to lack of timely filing of a substantive appeal.

The Veteran's back disability is rated at 20 percent from January 23, 2009 to June 16, 2016.,A rating in excess of 20 percent for the back disability is denied after June 16, 2016.

The Board has granted service connection for right knee disability, left elbow disability, lumbar spine disability, and tinnitus, finding that the evidence is at least evenly balanced in favor of the Veteran's claims.

The Board has determined that additional evidence needs to be obtained before the claims can be fully adjudicated. This includes obtaining audiogram results from VA treatment records and reviewing all new evidence submitted since the last decisions.

The Board has remanded the claims for muscle aches, respiratory disability, skin disorder (pseudofolliculitis barbae), acquired psychiatric disability, and lumbar spine disability due to inadequate development. The Veteran's service connection claims are being remanded for further examination and opinion.

The Veteran's lumbar spine disability is rated at 40 percent, and his peripheral neuropathy and radiculopathy of the lower extremities are each rated at 20 percent. The appeal for higher ratings is denied.