Back / lumbar spine decisions — 2019

The Board has remanded the claims for service connection for a back disability and bilateral knee disabilities due to failure of the Veteran to appear for VA examinations. The examinations will be rescheduled, and further development is required.

The Board has found that the Veteran's claims for increased rating and TDIU are inextricably intertwined, so they have been remanded. The Veteran needs a new VA examination to assess his current low back disability severity.

The Board has reopened the Veteran's claims for service connection for a low back disorder and left leg radiculopathy due to new and material evidence. However, further development is needed as VA examinations are required to determine the nature and etiology of these conditions.

The Veteran's claim for a rating in excess of 60 percent for residuals of lumbar laminectomy prior to December 5, 2014 and from April 1, 2015 was denied. The Board found that the preponderance of evidence did not support a higher rating under the General Rating Formula. For TDIU claim, the Veteran's combined disability rating is at least 70 percent, meeting the threshold requirements for an award of TDIU. The Board granted TDIU based on the Veteran's service-connected disabilities significantly limiting his ability to secure or maintain substantially gainful employment.

The Veteran's lumbar strain was granted an initial rating of 20 percent prior to February 25, 2011, and a higher rating of 40 percent beginning on that date.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they preclude him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbar strain with degenerative disc disease, status post-fusion with scarring. The claim was denied because the evidence did not meet the criteria for a rating in excess of 10 percent prior to January 28, 2015 and in excess of 20 percent from that date.

The Veteran's hypertension is not rated higher than 10 percent. The skin disorder, acquired psychiatric disorder (PTSD), and bilateral foot disorders are all remanded for further development.

The Veteran's lumbosacral strain with degenerative joint and disc disease, as well as associated neurological symptoms including radiculopathy of the sciatic nerve in both lower extremities, erectile dysfunction, and neurogenic bladder symptoms, have been granted a 40 percent rating since November 30, 2010.

The Board has decided that the VA examination provided in July 2012 is inadequate for adjudicative purposes and requires a new examination to address the Veteran's claim of continuous back pain since the 1991 MVA.

The Veteran's claim for a 70 percent rating for PTSD from September 26, 2012 forward is granted. The effective date of the increased rating is March 7, 2014.

The Veteran's service-connected disabilities did not render him unemployable prior to December 1, 2015. His TDIU claim is denied.

The Board has granted service connection for a back disorder and tinnitus, finding that the Veteran's current conditions are related to his military service. The decision is based on credible lay statements and medical evidence.

The Board has found that the Veteran's service treatment and personnel records are needed to properly adjudicate his claims. As these records have not been obtained, the Board is remanding the cases for further action.

The Veteran's claim for an initial 50 percent rating for migraines is granted. The Veteran also has other service-connected conditions, but the appeal does not address their effective dates or whether they are related to service.

The claim for service connection of a back disorder is reopened, and the case is remanded to obtain an opinion regarding its etiology.

The Veteran's service-connected low back condition, including lumbar strain and intervertebral disc syndrome (IVDS), is being remanded for further evaluation due to inadequate examination.

The Veteran's claims for service connection for left inguinal hernia surgery and right thumb disability have been withdrawn. His bilateral hearing loss and tinnitus claims are denied, as they did not manifest within one year of discharge or to a compensable degree due to intercurrent causes. The Veteran is granted TDIU based on his combined 100% disability rating.

The Veteran's appeal for service connection for a back disability was dismissed as the Veteran withdrew his claim.,The Board has remanded cases involving service connection for obstructive sleep apnea, left ear hearing loss disability, right ear hearing loss disability, tension headaches (secondary to service-connected tinnitus), and thyroid disability.

The Board granted service connection for the Veteran's lumbar spine disorder, acquired psychiatric disability (depressive disorder and insomnia), and denied service connection for tinnitus. The effective date remains October 28, 2009.