Back / lumbar spine decisions — 2022

The Board has denied an initial compensable rating for service-connected bilateral hearing loss and remanded the remaining issues of service connection. The appeal is currently on hold due to incomplete service treatment records.

The Veteran's lumbosacral strain was rated at 40 percent prior to May 24, 2021. The Board denied a higher rating.

The Veteran's chronic headaches are found to be related to his service, specifically exposure to hazardous chemicals during deployment. Service connection is granted.,Right foot metatarsalgia is found to have been caused by an injury sustained while playing football in-service. Service connection is granted.,Left knee osteoarthritis is found to be related to a twisting injury that occurred in-service while playing football. Service connection is granted.,Degenerative arthritis of the lumbar spine and radiculopathy in left lower extremity are remanded due to insufficient evidence regarding their onset or aggravation during service.,The Veteran's radiculopathy in left lower extremity is also remanded for similar reasons.

The Board has remanded the Veteran's claims for service connection and increased rating as they require additional development, including obtaining updated VA treatment records and a new examination.

The Veteran's lumbar spine disability was granted a 60 percent rating from April 1, 2017 to November 5, 2017 and a 40 percent rating thereafter. The claim for TDIU prior to February 15, 2009 is denied.

The Board has dismissed the claim of service connection for migraines as it has been granted by a rating decision. Service connection is granted for lumbosacral strain, left shoulder strain, right shoulder strain, left knee strain, and right knee strain.

The Veteran's low back disability is granted service connection. The right and left knee disabilities are remanded for further examination to determine if they are secondary to the service-connected low back disability.

The Board has decided to remand the Veteran's claim for an increased rating for his service-connected low back disability due to a lack of recent VA treatment records and the need for a new examination.

The Board denied accrued benefits and the earlier effective date for service connection for cause of death. The appellant's claims were not timely filed within one year after the August 2013 decision, making her ineligible for accrued benefits. For the earlier effective date claim, the Board found that no appeal was made within a year of the August 2013 decision and thus denied the request.

The Board has remanded the case due to inadequate consideration of the Veteran's lay statements and testimony regarding his back condition. A new opinion is needed to address these issues.

The Veteran's claim for a higher rating for his lumbar spine compression fracture was denied, as the disability did not meet the criteria for a rating higher than 40 percent from January 19, 2021.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations. The issues of rating cervical spine disability, thoracolumbar spine disability, bilateral hearing loss, tinnitus, skin disability due to chemical exposure, left hip disability, and TDIU are being remanded.

The Board has remanded the Veteran's claims for left knee disability, right hand disability, chronic low back strain, left lower extremity radiculopathy, and PTSD due to failure to report for VA examinations. The issues are inextricably intertwined with TDIU.

The Board has granted service connection for low back disability, right knee disability, and left knee disability. The evidence is in equipoise as to whether these conditions are related to service.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations. The new VA medical opinions are required to address whether the low back condition and left-hand condition are related to service, secondary to service-connected conditions, or aggravated by service-connected conditions.

The Veteran's back disability is rated at 40 percent effective December 19, 2017. The appeal is remanded for further development.

The Board has determined that the Veteran's service-connected disabilities alone cause him to be unable to secure or follow a substantially gainful occupation, and thus grants entitlement to total disability evaluation based on individual unemployability (TDIU).

The Board denied the Veteran's claim for a total disability rating based on individual unemployability prior to February 24, 2014, finding insufficient evidence that her service-connected disabilities prevented her from securing and maintaining substantially gainful employment.

The Board has remanded the cases of bilateral hearing loss, low back disability, and left leg disability for additional development. The case of service connection for left ear swelling is denied.

The Veteran's claim for an increased rating for sciatic nerve radiculopathy and IVDS with lumbosacral strain was denied. The Veteran's hypertension was granted a 10 percent rating effective May 7, 2018.