Back / lumbar spine decisions — 2022

The Board has remanded the cases for additional development to obtain medical opinions regarding the etiology of the Veteran's low back condition and brain tumor, as well as to address the Veteran's in-service complaints of eye aches and headaches.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative arthritis, a compensable rating for bilateral hearing loss, and a rating for his right index finger scar were all denied by the Board.

The Veteran's back disability was granted a 40% rating from February 29, 2016 to August 11, 2018. The right and left sciatic nerve impingement were not granted initial ratings in excess of 40%. Other issues remain pending.

The Veteran's claim for service connection for a left shoulder condition is reopened. The Board finds the evidence insufficient to resolve his claims on the merits and remands them for further development, including VA examinations.

The Veteran's headaches started in service and have continued. The Board finds the Veteran and service treatment records persuasive, finding that his headaches had their onset in service and have continued following service.

The Veteran's PTSD has been granted an initial disability rating of 70 percent, effective from the date of this decision.

The Veteran's claims for a higher rating for his lumbar spine disability and for TDIU based solely on his service-connected migraine headaches are being remanded due to the need for additional medical records.

The Veteran's tinnitus is granted as service-connected. The back, right knee, left knee, and bilateral foot conditions are remanded for further development.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for additional examinations. The issues of entitlement to service connection for a back disability and an acquired psychiatric disorder are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's low back injury and his active service.

The Board denied the Veteran's claim for a TDIU prior to April 11, 2015, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Veteran's lumbar strain with degenerative disc disease is currently rated at 40 percent, effective June 17, 2021. The appeal for higher ratings prior to that date has been denied.

The Veteran's claims for PTSD, lumbar strain, GERD, migraines, and alopecia areata were denied. The effective dates for the grants of service connection for these conditions have not been established.

The Board has determined that further development is necessary before the claims can be adjudicated. The claims are remanded for an addendum opinion regarding the nature of the Veteran's flare-ups at the time of the June 2009, September 2010, and June 2013 VA examinations.

The Board has remanded the Veteran's claims for service connection and rating of his lumbosacral spine, right hip, and ruptured diaphragm repair scar disabilities due to incomplete records and need for further medical examination.

The Board has remanded the Veteran's claims for increased ratings and temporary total evaluations due to inconsistencies in his cervical spine disability rating, as well as the need for additional evidence regarding physical therapy records. The Veteran is also seeking a higher rating for right upper extremity radiculopathy.

The Veteran's back disability is granted service connection and a compensable rating for hypertension is remanded.

The Board has remanded the cases due to inadequate opinions regarding the Veteran's low back, left shoulder, and right shoulder disorders. The VA examinations did not adequately address the Veteran's statements about his injuries during service.

The Veteran's migraine headaches have been granted a 50% rating, the highest available under the schedular criteria.,The Board has found that there is equipoise of evidence regarding whether the Veteran's migraines are very frequent and prostrating enough to warrant a 50% rating. The claim for an initial compensable rating in excess of 10 percent for thoracolumbar degenerative disc disease is remanded, as well as the service connection claim for right ear hearing loss.

The Board has decided to remand the claims for increased ratings for lumbar spine condition, bilateral lower extremity radiculopathy, and a TDIU prior to March 14, 2013. A new VA examination is required for these issues.