Back / lumbar spine decisions — 2024

The Board has decided to remand the claims for service connection for lower lumbar, right shoulder, and tinnitus due to new evidence received in September 2021. The AOJ will reconsider these claims on their merits.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.

The Veteran's claims for increased ratings for her right shoulder, left shoulder, and thoracolumbar spine intervertebral disc syndrome are being remanded due to inadequate VA examinations conducted in August 2021. The VA will obtain additional medical opinions regarding the severity of these conditions prior to decision.

The Board has determined that remand is necessary to obtain adequate VA medical opinions regarding the Veteran's claims for service connection due to duty to assist errors.

The Veteran's bilateral foot disorder, diagnosed as pes planus, is granted. The low back disorder issue has been remanded for additional development.

The Board has remanded the claims for service connection due to incomplete service treatment records and inadequate VA medical opinions. The appellant's service records are not complete, and additional VA medical opinions are needed to address the etiology of his claimed disabilities.

The Board has dismissed all appeals seeking earlier effective dates for service connection and increased disability ratings, as the Veteran died during the appeal process.

The Veteran's service-connected lumbar spine disability and migraine headache disability render him unable to secure or follow a substantially gainful occupation, leading to the grant of TDIU.

The Board has waived the 60-day timeliness requirement for filing a substantive appeal and accepted the March 2020 VA Form 9 as timely. The issues of entitlement to an increased rating, service connection, and TDIU are all granted.

The Board has granted the Veteran's claims for service connection for a lumbar spine disability and a left knee disability, finding that these conditions are at least as likely as not related to his active-duty service.,Both the private medical opinion from Dr. C. C. and the VA examiner provided opinions supporting the Veteran's claims.

The Veteran's claims for increased ratings and service connection have been granted with effective dates of July 31, 2018. The claim for a higher rating for lumbar strain is denied. Service connection has been established for cluster migraine headaches at the maximum available rating (50%). Service connection for radiculopathy in both lower extremities was granted with effective date of July 31, 2018. A TDIU has also been granted.

The Board denied the Veteran's claim for a TDIU due to his service-connected disabilities, as the evidence did not show that these conditions rendered him unable to secure and follow a substantially gainful occupation.

The Board has decided to remand the case due to pre-decisional duty-to-assist errors, specifically regarding missing service treatment records from the Veteran's Navy Reserve period of service. The AOJ is instructed to obtain these records and provide an addendum opinion addressing whether it is at least as likely as not that the low back condition began during service or is otherwise related to service.

The Veteran's claims of service connection for various disabilities are being remanded due to the need for additional medical opinions and consideration of outstanding service records.

The Board denied the Veteran's claim for a total disability rating on the basis of individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular rating was 100 percent and he had not demonstrated that any single service-connected disability rendered him unable to secure or follow substantially gainful employment.

The Veteran is seeking additional retroactive VA disability compensation benefits under the CRDP program for the period from October 2010 through October 2015 due to a potential withholding of federal income tax. The Board has identified errors in this matter and has ordered a remand to perform a paid and due audit.

The Veteran's claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD, anxiety, and depression), allergic rhinitis, chronic sinusitis, left elbow disability, right elbow disability, neck disability, colostomy, diverticulosis, bilateral foot condition, heart disability, hemorrhoids, left ankle disability, right ankle disability, left hip disability, right hip disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, left wrist disability, right wrist disability, back disability, colon polyps, prostate disability, and vertigo were denied as there is no evidence of current diagnoses or a causal relationship to service.

The Veteran's sciatica of the left leg is rated at 10 percent, and the Board found that a higher rating was not warranted based on the evidence.

The Veteran's claim for service connection for a mood disorder is dismissed as moot, and the claim for service connection for a back disability is granted.

The Board has granted service connection for the Veteran's right and left shoulder disabilities, as well as his back and knee disabilities. The claims of entitlement to service connection for the right and left knee disabilities are remanded.