Back / lumbar spine decisions — 2022

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extra-schedular basis due to his service-connected disabilities, finding that his service-connected conditions did not prevent him from obtaining and maintaining substantially gainful employment.

The Board has granted a staged higher initial disability rating of 40 percent for the service-connected lumbar spine disability from February 22, 2016.

The Veteran's left knee replacement is denied as there was no chronic in-service condition, and the current disability is not related to service.,Service connection for cervical spine disorder is denied due to lack of a chronic in-service condition or continuity of symptomatology post-service.,Service connection for lumbar spine disorder is denied because it did not manifest within the applicable presumptive period and there was no evidence of continuity of symptoms. The current disability is also not related to service.,Service connection for cervical radiculopathy is denied as there was no in-service injury or disease, and the current condition is not related to service.,Service connection for lumbar radiculopathy is denied because it did not manifest within the applicable presumptive period and there was no evidence of continuity of symptoms. The current disability is also not related to service.

A higher 50 percent rating is granted retroactively effective from January 23, 2020, for degenerative disc disease of the lumbar spine. Entitlement to a total disability rating based on individual unemployability (TDIU) also is granted.

The Veteran's claim for an increased disability rating in excess of 20 percent for a lumbar spine disability was denied, and his TDIU claim has been dismissed as moot due to the combined 100 percent schedular disability rating based on all service-connected disabilities.

The Veteran's TDIU was granted with an effective date of January 8, 2008. The decision found that the Veteran met the schedular criteria for a TDIU as early as January 8, 2008.

The Board has decided to remand the Veteran's claims for higher initial ratings due to a lack of recent medical records and the need for further evaluation.

The Veteran's back disability and sleep impairment are being remanded for further evaluation due to recent findings indicating worsening of the conditions. A VA examination is needed to assess the current severity of his back condition, while another examination is required to determine the nature, severity, and etiology of his sleep disorders.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected lumbar spine disability is being remanded due to the need for a new examination and consideration of outstanding VA treatment records.

The Veteran's hypertension, heart disability, and erectile dysfunction are all granted as secondary to his service-connected PTSD. The lumbar spine condition is remanded for further evaluation.

The Veteran's appeal is remanded for additional development, including obtaining addendum opinions regarding his cervical spine disorder and low back condition with DJD. The TDIU claim is also remanded.

The Board has remanded the claims for service connection for lower back, right knee, and left knee disorders due to inadequate examination in August 2020. The Veteran's pre-existing low back disorder is presumed to have existed prior to service, but there must be clear and unmistakable evidence that it was not aggravated during service.

The Board has granted service connection for a cervical spine disability, diagnosed as degenerative disc disease. The remaining issues of service connection for psychiatric disorder (PTSD), headaches, and TDIU are remanded due to the change in circumstances.

The Veteran's appeal is remanded due to the need for additional VA medical examinations and/or opinions, as none of the previous examinations comply with Correia v. McDonald (2016).

The Board has remanded the Veteran's claims for service connection due to insufficient development regarding his potential exposure to hazardous materials during service, particularly AFFF and asbestos.

The Veteran's claim for service connection for a back disability was reopened due to new and material evidence. The Board found that the Veteran had a current diagnosis of degenerative disc disease, which started in service and has continued to the present. Service connection is granted.

The Veteran's lumbar spine scar is granted a 10% rating, but not higher.,Service connection for migraine headaches has been reopened and the claim is remanded for further development.

The Board has determined that further medical examination is needed to determine if the Veteran's service-connected disabilities alone meet the necessary criteria for eligibility for assistance in acquiring a certificate for SAH or an SHA grant. The examiner must consider whether the Veteran's ambulation impairment and need for a wheelchair are related to his service-connected spine and left ankle disabilities or due to a nonservice-connected CVA.

The Board has granted service connection for left hip femoral acetabular impingement syndrome, iliopsoas tendonitis and tenosynovitis, left shoulder impingement syndrome with rotator cuff tear and tendonitis, and thoracolumbar sprain and left sacroiliitis with spondylosis.,The Veteran's current diagnoses are considered to be a continuation of the conditions diagnosed during service.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's neck disability, specifically related to flare-ups. The claim will be returned for further development and consideration.