Back / lumbar spine Board decisions

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.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine is at least as likely as not related to her service-connected bilateral plantar fasciitis, and thus grants service connection for this condition.

The Board has decided to remand the claims for service connection and rating of various disabilities, including back disability, psychiatric conditions, Graves' Disease with hyperthyroidism and hypothyroidism, and bilateral exophthalmos. The issues include determining whether these conditions are related to service or if they have been aggravated by a pre-existing condition.

The appeal of the service connection claim for a low back disability is dismissed as the Veteran was granted service connection in a prior decision. The claims of service connection for sleep apnea and hypertension are remanded.

The Veteran's GAD was granted service connection on a direct basis. The claims for back disability, diabetes mellitus type II, hypertension, and stroke are remanded due to duty to assist errors.

The Board has remanded the Veteran's claims for service connection for various foot, hip, knee, and back disabilities due to a pre-decisional duty to assist error. The claims will be reconsidered with new evidence and medical opinions.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further examination.

Service connection for a middle back condition is denied. The Veteran's middle back condition is not service-connected as it is secondary to her lumbar strain.,The Veteran's CFS and sleep disturbance are remanded for further evaluation, including whether they are related to service or due to other service-connected conditions.,The Veteran's right knee condition is remanded for a VA medical opinion regarding its relationship to service.