Back / lumbar spine decisions — 2022

The Veteran is granted TDIU on an extraschedular basis from August 1, 2013 until November 20, 2013 due to his service-connected disabilities. The matter of increased ratings for left elbow disabilities is remanded.

The Veteran's claims for service connection for a lumbosacral spine disorder, obstructive sleep apnea (OSA), and right knee disorder have been denied. The Board found no evidence of chronic conditions in service or within the applicable presumptive periods.

The Board has remanded the Veteran's claims of service connection for neck and low back disabilities due to incomplete medical history in previous opinions. The VA examiners were not able to consider the Veteran's lay statements regarding the onset and continuity of his symptoms.

The Veteran's lumbar osteoarthritis with IVDS is rated at 20 percent from September 5, 2017 to September 8, 2021 and 40 percent thereafter. The appeal for a higher rating remains pending as the evidence does not meet the criteria for an increased rating under the General Rating Formula or IVDS Formula.

The Board has remanded both the TDIU and cause of death claims due to their interrelated nature. The TDIU claim is being referred for extraschedular consideration, while the cause of death issue remains pending.

The Veteran's appeals for increased ratings on several service-connected disabilities have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has determined that additional information is needed to decide the claims for service connection for hypertension, right knee disorder, left knee disorder, lumbar spine disorder, and tinnitus. The Veteran's statements regarding in-service symptoms are considered, as well as VA treatment records.

The Board has remanded the claims of service connection for various disabilities due to outstanding records and the need for VA examinations. The Veteran's appeal is now pending again.

The Board denied service connection for degenerative arthritis of the spine and lumbosacral strain, finding that there was no evidence showing a chronic condition in service or continuity of symptomatology since service. The Veteran's assertions about his back pain during service were not supported by contemporaneous medical records.

The Board has determined that further development is necessary before the Veteran's claim can be adjudicated due to lack of VA examinations for his claimed disabilities. The Veteran served on active duty from May 1970 to September 1973 and had in-service treatment for musculoskeletal injuries, including knee, leg, and ankle issues.

The Board has remanded the Veteran's claims for a compensable evaluation for post-concussive headaches prior to August 13, 2020 and an evaluation in excess of 30 percent disabling for post-concussive headaches from August 13, 2020, forward. Additionally, the Board has remanded the Veteran's claim of service connection for a back disability.

The Veteran's TDIU claim is granted, as his service-connected disabilities make him unemployable.,Claims for earlier effective dates for left lower extremity radiculopathy and hypertension are denied.

The Veteran's claims for service connection for lumbosacral strain with IVDS, left lower extremity neuropathy, and left foot peripheral neuropathy are remanded due to the inadequacy of the July 2017 VA examination. The examiner is asked to provide an opinion regarding whether these conditions are related to service and if they are aggravated by his service-connected back disability.

Service connection for degenerative disc disease of the lumbar spine is granted.,Service connection for gynecological disorder resulting in hysterectomy is denied.

The Board has determined that additional development is needed for the Veteran's claims, including a new examination to assess his spine disabilities and hearing loss. The issues of TDIU are also remanded.

The Board has remanded the issues of service connection for various back, hip, and leg disorders due to their potential secondary relationship to service-connected PTSD and/or bilateral inferior ramus stress fractures. The Veteran's sexual assault during ACDUTRA is also being considered as a possible etiological factor.

The Veteran is granted total disability ratings for all service-connected disabilities in combination prior to January 19, 2022 and a total rating based solely on his acquired psychiatric disorder from that date. He also receives SMC at the housebound rate starting from January 19, 2022.

The Veteran's lumbosacral strain with degenerative spondylosis is rated at 10 percent prior to May 4, 2020 and 20 percent thereafter. The Veteran's exercise-induced bronchospasm with intermittent cough from September 1, 2015 to February 17, 2016 is granted a compensable rating of 30 percent. The Veteran's OSA with exercise induced bronchospasm with intermittent cough from February 17, 2016 is denied any higher than the current 50 percent rating.

The Veteran's appeal is remanded due to the need for additional VA treatment records and an addendum opinion from a neurologist regarding whether his service-connected bilateral lower extremity peripheral neuropathy 'precludes locomotion' without the aid of external assistive devices.

Service connection is granted for tinnitus and an initial rating of 50 percent for migraine headaches since April 4, 2017. Service connection is denied for bilateral hearing loss and a vision disorder (not specified). The Veteran's right forearm disorder other than a wrist strain, right hip disorder, left hip disorder, and lumbar spine disorder are remanded.,Service connection is granted for migraine headaches since April 4, 2017. Service connection is denied for bilateral hearing loss and a vision disorder (not specified). The Veteran's right forearm disorder other than a wrist strain, right hip disorder, left hip disorder, and lumbar spine disorder are remanded.