Back / lumbar spine decisions — 2024

The Veteran's back disability was found to be manifest by flexion greater than 30 degrees but not greater than 60 degrees, which meets the criteria for a 20 percent rating from December 17, 2018.

Effective from April 29, 2011 to June 30, 2019, the Veteran was granted a TDIU on an extraschedular basis for his service-connected lumbar spine disability.,From April 11, 2019 to June 30, 2019, the Veteran's TDIU claim for SMC at the housebound rate was denied as he already had a 100% schedular rating.

The Veteran's appeal is remanded for further development and evaluation of his claims, including verification of toxic exposure and provision of medical opinions regarding the etiology of his disabilities.

The Veteran's service-connected OSA is granted, and he is awarded TDIU from August 9, 2018. The low back disability, sciatic radiculopathy, and migraine headaches are found to be disabling enough for a TDIU prior to that date.

The Board has remanded the issues of service connection for head injury, head scar, low back disability, and acquired psychiatric disability due to new evidence submitted since the last final denial in June 2013. The claims are being reopened but not decided on their merits.

The Veteran's claims of service connection for PTSD, lumbar spine disorder, bilateral hip disorder, bilateral ankle disorder, and bilateral foot disorder are reopened. Service connection is granted for PTSD but denied for a heart disorder. The issues regarding the relationship between service-connected knee disability and the Veteran's lumbar spine, bilateral hip, bilateral ankle, and bilateral foot disorders are remanded.

The Veteran's service-connected lumbosacral strain has not been manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, ankylosis (favorable or unfavorable) of the entire thoracolumbar spine or the entire spine. Therefore, his claim for a higher evaluation is denied.

The Board dismissed the appeals for increased ratings and service connection claims due to withdrawals by the Veteran's attorney. The appeal for an initial rating in excess of 50 percent for PTSD prior to December 19, 2016, was denied.

The Veteran's petition to reopen his claim of service connection for a back condition was granted. The issue of entitlement to service connection for the same condition is remanded due to outstanding private treatment records and workman's compensation documents.

The Board has granted service connection for a recurrent right shoulder disability and a recurrent lumbar spine (low back) disability, finding that the Veteran's symptoms began during his active military service.

The Board denied the Veteran's appeal because his substantive appeal was not timely filed, more than 60 days after the January 2018 Statement of the Case and one year after the March 2014 rating decision.

The Veteran's appeal for a disability rating in excess of 40 percent for his back disability has been withdrawn.,The claims for increased ratings for left and right lower extremity peripheral neuropathy and lumbar radiculopathy have been dismissed as moot due to the maximum schedular ratings being assigned.,The Veteran was granted compensable disability ratings (20%) for scars on both hands, effective February 15, 2013.

The Board has determined that the Veteran's lung condition due to asbestos exposure, bilateral hearing loss condition, lumbar laminectomy and discectomy, sleep apnea, and irritable bowel syndrome are not service-connected. The cases have been remanded for further development.

The Board has granted an effective date of June 30, 2016 for a TDIU based on the schedular criteria. The claim for TDIU prior to June 30, 2016 is remanded due to lack of schedular criteria.

The Veteran's appeal for a headache disability is dismissed. The Board has granted entitlement to TDIU based on the service-connected disabilities, including PTSD and tinnitus.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions regarding the nature and etiology of his claimed conditions.

The Veteran's back disability is granted as service-connected.,Right and left ear hearing loss are not service-connected.

The Board has remanded the claims for low back, wrist, knee, ankle and elbow disorders due to insufficient medical opinions. The inflammatory arthritis claim is also remanded as it involves potential exposure in Southwest Asia.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, warranting a TDIU effective February 13, 2006.