Back / lumbar spine decisions — 2023

The Board has denied service connection for sinusitis and remanded the issue of service connection for a back disorder.

The Veteran's service-connected disabilities do not meet the threshold requirements for TDIU, and they do not render him unemployable on an extraschedular basis for the rating period prior to September 29, 2014.

The Board has determined that further development is needed for the Veteran's claims regarding his service-connected spondylolisthesis with degenerative disc disease. The case will be returned to the RO for additional examination and evaluation.

The Veteran's appeal is dismissed due to his death, and no disability evaluation was granted.

The Veteran was granted TDIU from May 28, 2015 to October 31, 2017 due to his service-connected disabilities. After this period, the Board denied TDIU as of October 31, 2017.

The Board has remanded the case for additional development, including obtaining relevant private treatment records and securing an addendum medical opinion to assess the historical severity of the Veteran's lumbar spine disability.

The Board has remanded the Veteran's claims for a disability rating in excess of 40 percent for his lumbar spine disability and for entitlement to TDIU prior to November 4, 2015. The issues are being remanded due to inadequate VA examinations.

The Veteran withdrew their appeal, and the Board has dismissed all pending issues.

The Board has remanded the cases due to incorrect legal standards used in previous opinions regarding aggravation of service-connected disabilities.

The Veteran's claim for a separate disability rating for urinary incontinence as a neurological complication of lumbar degenerative joint disease and degenerative disc disease is granted on and after January 13, 2016. The claims for TDIU, excess ratings for various knee conditions, right lower extremity sciatic radiculopathy, cervical spine disability, and kidney stones are all remanded.

The Board has remanded the Veteran's claims of service connection for lumbar spine and left knee disabilities due to inadequate VA medical opinions addressing nexus and aggravation.

The Veteran's TDIU claim for prior to November 14, 2017 is granted. The remaining issues of increased ratings for lumbar spine condition and lower extremity radiculopathy are remanded.

The Board has granted service connection for degenerative arthritis of the spine and left lower extremity lumbar radiculopathy, finding that these conditions are related to the Veteran's active military service.

The Board has remanded the cases of service connection for a back disability and traumatic brain injury (TBI) due to inadequate examination opinions. The Veteran's statements regarding his symptoms will be considered in determining whether these conditions are related to service.

The Board has denied service connection for bilateral hearing loss and remanded the claim for back disability. The decision on hearing loss is due to lack of in-service noise exposure leading to current bilateral hearing loss, while the back disability issue requires additional medical opinion considering the Veteran's lay statements.

The Veteran's left knee disability is granted as secondary to his service-connected right knee disability. The issues of service connection for headache, right ankle, left ankle, back, and bilateral foot disabilities are remanded.

The Veteran's claims for increased ratings and service connection are remanded due to the need for updated medical records and examinations.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability prior to July 23, 2021.

The Veteran's service-connected disabilities, including degenerative arthritis of the lumbar spine, right and left lower extremity radiculopathy, tinnitus, and bilateral hearing loss, have prevented him from securing or following a substantially gainful occupation since May 18, 2010. The Board has granted TDIU effective from that date.

The Veteran's claim for a higher rating for his lumbar spine IVDS prior to November 17, 2016 was denied. His claim for a higher rating from that date forward is also denied.