Back / lumbar spine decisions — 2021

The Board has remanded the Veteran's claims for a rating in excess of 20 percent, from July 29, 2014, to October 27, 2019, and in excess of 60 percent thereafter, for lumbosacral strain and IVDS; as well as initial ratings of 10 percent, from August 27, 2013, to October 28, 2019, and in excess of 40 percent thereafter, for radiculopathy of the left and right lower extremities. The remand includes obtaining additional medical evidence and conducting a new examination.

A rating of more than 10 percent for tinnitus is denied.,An earlier effective date of January 4, 2017, for the increased rating to 20 percent for bilateral hearing loss is granted.,The Veteran's application to reopen a claim of service connection for chronic PTSD with anxiety, depression, and insomnia, and for major depressive disorder is granted.,Service connection for recurrent major depressive disorder is granted.,The Veteran's application to reopen a claim of service connection for chronic headaches is granted.,Service connection for migraine headaches is granted.,Service connection for obstructive sleep apnea (OSA) is granted.,The Veteran's application to reopen a claim of service connection for a low back condition is granted.,The Veteran's application to reopen a claim of service connection for sinusitis is denied.,The Veteran's application to reopen a claim of service connection for a chronic enlarged prostate is granted.,The Veteran's application to reopen a claim of service connection for chronic erectile dysfunction is granted.,The Veteran's application to reopen a claim of service connection for chronic kidney disease is denied.

The Veteran's endometriosis is rated at a maximum of 50 percent, effective March 12, 2012. The Board also granted entitlement to TDIU based on the Veteran's service-connected disabilities.

The Veteran's claim for service connection for erectile dysfunction based on aggravation is granted. The appeal related to the restoration of a 20 percent rating for lumbosacral strain is also granted. However, both issues related to service connection are remanded due to inadequate medical opinions and examination reports.

The Board has granted service connection for a lower back condition, finding that the Veteran's current disability is at least as likely as not related to his active-duty service.,The issues of entitlement to service connection for headaches, chronic fatigue syndrome (CFS), an acquired psychiatric disorder, and prostate cancer are remanded for further development.

The Board has remanded the Veteran's claims for lumbar spondylosis and plantar fascitis due to incomplete STRs and conflicting medical opinions.

The Veteran's service-connected spinal fusion and bilateral lower extremity radiculopathy have resulted in unemployability, based on the evidence discussed. The Board affords the Veteran the benefit of doubt and finds that his service-connected disabilities satisfy the criteria for Total Disability Evaluation Based on Individual Unemployability (TDIU).

The Board has remanded the Veteran's claims for a disability rating greater than 20 percent for his low back disability, service connection for a cervical spine disability, and TDIU prior to September 7, 2018. The issues are related to the nature and severity of his service-connected conditions.

The claims for left ear SNHL, low back condition, and right knee condition have been reopened. The Veteran now has service connection for these conditions.

The Veteran withdrew his appeal regarding the claim of service connection for a low back disability, and the Board has dismissed this appeal.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, meeting the criteria for TDIU based on his combined disability rating of 50%.

The Board has determined that there is insufficient evidence to adjudicate the claim for SMC based on the need for aid and attendance due to service-connected disabilities. The case is being remanded to schedule a VA examination to assess the impact of all service-connected disabilities on the need for aid and attendance.

The Veteran's low back condition is granted service connection, and his right hand disability with osteoarthritis is granted a 10% rating.

The Board has determined that the Veteran's lumbar spine disability first manifested during his military service and is not a congenital condition. The Board granted service connection for this disability on a direct basis.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, radiculopathy of the lower extremities, and unemployability.

The Board has remanded the Veteran's claims for left thigh and hip disabilities, as well as his lumbar spine disability due to inadequate VA examinations. The Veteran is also being asked to provide a completed VA Form 21-8940 regarding his TDIU claim.

The Board granted a total disability rating based on individual unemployability (TDIU) for the Veteran's cervical spine DDD, which was part of an increased rating request. The attorney is entitled to 20% of past-due benefits awarded in September 2020.

The Board has remanded the Veteran's claims for service connection for cervical and lumbar spine disabilities due to a pre-service motor vehicle accident. The AOJ is instructed to attempt to obtain relevant in-service medical records, including those from the private hospital following the MVA and from the Illinois Neuro-Spine Center. A new VA examination is also required.

The Veteran's left ear hearing loss is rated as noncompensable, and he does not have service-connected hearing loss in his right ear.,New evidence has been submitted to warrant readjudication of the claims for varicose veins of the lower extremities and low back disability. However, these claims are denied.

The Veteran withdrew his appeal, leaving no issues for the Board to consider.