Back / lumbar spine decisions — 2023

The Board has dismissed the appeals for increased rating and service connection for bilateral hearing loss, right ankle disability, left ankle disability, bilateral knee disability, low back disability, and sinus/allergic rhinitis. The appeal for left ankle disability is remanded, as are those for bilateral knee disability and low back disability. The appeal for sinus/allergic rhinitis is also remanded.

The Board has remanded the Veteran's claims for thoracolumbar spine disability, neck disability, right arm nerve disability, and pseudofolliculitis barbae due to insufficient medical evidence. The Veteran is required to undergo VA examinations to determine the nature and etiology of these conditions.

The Board has decided that service connection for bilateral hearing loss is denied, and the claim for degenerative arthritis, thoracolumbar spine with spondylolisthesis is remanded due to outstanding private treatment records.

The Board has remanded the claims for service connection for right foot, bilateral knee, and lumbar spine disabilities due to inadequate opinions from previous VA examiners. Additional development is needed with an addendum opinion from a different examiner.

The Veteran is not able to obtain or retain substantially gainful employment due to his service-connected disabilities from February 22, 2017.,Basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. chapter 35 from February 22, 2017 is granted.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) from November 1, 2009 was denied as he did not meet the schedular criteria and there was insufficient evidence to consider an extraschedular TDIU.

The Veteran's service-connected back disability, bilateral hearing loss, and tinnitus disabilities have precluded him from securing or following a substantially gainful occupation prior to November 5, 2020.

The Veteran's claim for service connection for bilateral pes planus, an acquired psychiatric disorder, poor body alignment, left knee pain, a back disorder (claimed as back pain), and a right knee disorder (claimed as right knee pain) has been granted. The effective date for the award of service connection for bilateral pes planus is July 16, 2012.

The Board has remanded the claims for service connection for lumbar spine, right wrist, and left wrist disabilities due to insufficient medical opinions.,Service connection is not granted as there is no persuasive evidence linking these conditions to service.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no credible evidence linking his current condition to his military service. The Board also found no evidence of continuity of symptomatology or aggravation by his service-connected knee disabilities.

The Veteran's claim for service connection for bilateral hearing loss has been denied as there is no current diagnosis of a disability that meets the criteria for a hearing loss disability in accordance with VA standards.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus has also been denied, as his tinnitus already receives the maximum schedular rating available under VA regulations.

The Veteran's lumbar spine disability is granted with a 40% rating, and his radiculopathy of the bilateral lower extremities is also granted. The TDIU claim is denied.

The Veteran's service-connected disabilities, including left lower extremity radiculopathy, left hip and knee DJD, and lumbar spine DJD, have rendered him unable to secure or follow substantially gainful employment since October 22, 2014.

The Veteran's initial claim for an initial compensable evaluation for sarcoidosis was denied. The Board found that his sarcoidosis did not meet the criteria for a compensable rating as it did not result in persistent symptoms requiring treatment with corticosteroids, cor pulmonale, cardiac involvement, or progressive pulmonary disease.,The Veteran's claim for a compensable evaluation prior to March 8, 2022 for tension headaches was denied. The Board found that his headaches did not meet the criteria for a 10 percent rating as they did not result in characteristic prostrating attacks.

The Veteran's service-connected low back degenerative joint disease, bilateral lower extremity radiculopathy, and posttraumatic stress disorder prevented him from securing or following substantially gainful employment from July 19, 2004 to October 10, 2004. The Board granted a TDIU on an extraschedular basis for this period.

The Board has determined that the Veteran's service-connected disabilities make it impossible for him to secure and follow a substantially gainful occupation, thus granting his claim for TDIU.

The Board has remanded the Veteran's claims for service connection for left knee, low back, and neck disorders due to inadequate compliance with prior remand directives. The claim for service connection for sleep apnea is also remanded as a Supplemental Statement of the Case (SSOC) was not issued.

The Board has granted a TDIU on an extraschedular basis prior to January 28, 2011, due to the Veteran's service-connected disabilities preventing him from securing or following substantially gainful employment.

The Board has remanded the Veteran's claims for further development due to outstanding records and inadequate medical opinions.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations, lack of good cause for missing them, and need for additional evidence.