Back / lumbar spine decisions — 2023

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's back disability is secondary to his service-connected right foot disability.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to June 22, 2012.

The Board denied the Veteran's claims for service connection for a back disability and an initial compensable rating for bilateral hearing loss, finding that there was no evidence of a direct relationship between his military service and these conditions.

The Veteran's service connection claims for asbestosis, low back disability, radiculopathy of the left lower extremity, bladder cancer, kidney cancer, prostate cancer, and lung nodules are all denied. The Veteran's service connection claim for a low back disability is granted.

The Board has remanded the cases for further development, including obtaining records from the Veteran's participation in the VA Choice program at Craft Chiropractic Center.

The Veteran's back disability is rated at 40 percent for the appeal period from March 14, 2008 to March 31, 2022. The claim for a higher rating was denied.

The Board has remanded the Veteran's claims for increased disability ratings for his low back and neck disabilities, as well as a claim for TDIU due to service-connected disabilities. The Veteran is required to undergo VA examinations to assess the severity of his lumbar spine strain with IVDS and cervical spondylosis with IVDS, and VA must consider the Veteran's employment history in determining whether he is unemployable.

The Board has remanded the cases for additional development due to new evidence received in the record. The Veteran's service-connected left knee degenerative arthritis and other conditions are being reviewed.

The Veteran's migraine headaches were rated at 30% prior to September 1, 2022, and the Board found that they did not meet or approximate the criteria for a higher rating.,For the period from September 1, 2022, forward, the Veteran's migraine headaches met the criteria for a 50% rating.

The Board has remanded the Veteran's claims for service connection due to inadequate opinions in previous VA examinations and failure to consider lay statements of record. The claims will be further developed to address the nature and etiology of any left calf, left knee, lumbosacral spine, and left lower extremity radiculopathy conditions.

The Board has granted service connection for the Veteran's lumbosacral strain and degenerative arthritis of the spine as secondary to his service-connected bilateral pes planus.

The Board denied service connection for degenerative arthritis of the spine and diabetes mellitus type II, finding that there was no evidence of a disease or injury in service that caused these conditions.

The Board denied service connection for allergic rhinitis, a respiratory disability (asthma), a cervical spine disability, and a lumbar spine disability due to the lack of current diagnoses.

The Veteran's lumbar spine disability and associated lower extremity radiculopathy are rated at 40 percent prior to October 27, 2020. From that date, the disability is rated at 40 percent. The Board has remanded the issue of service connection for bilateral hearing loss.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis is remanded as the Board finds that he does not meet the schedular requirements for TDIU under 38 C.F.R. § 4.16(a). The case is referred to VA's Director of Compensation Service for consideration of an extraschedular TDIU award.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of records.

The Board has remanded the claims for increased ratings for lumbar spine disability and TBI, service connection for an acquired psychiatric disorder, and special monthly compensation based on need for aid and attendance. The issues are also inextricably intertwined with the claim for a total disability rating based on individual unemployability.

The Board has determined that the Veteran's back disability is related to his service, and thus grants service connection for this condition.

The Board has remanded the case for a VA examination to determine if any current back disability is related to service, including the Veteran's reported in-service injury and symptoms. The claim for bilateral hearing loss and asbestosis remains denied.

The Veteran's claim for a higher rating for his lumbar spine disability is denied from January 1, 2016, to the present. The case is remanded for further development regarding the Veteran's TDIU claim.,Total Disability Based Upon Individual Unemployability (TDIU) is also remanded.