Back / lumbar spine Board decisions

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective February 26, 2019, due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Veteran's service connection claims for bilateral hearing loss, allergic rhinitis, chronic sinusitis, right hand disability, left hand disability, and low back disability are being remanded due to the need for additional examinations.

The Board has denied the Veteran's claims for service connection for low back and right shoulder conditions, as well as his claims for frostbite, right hand chronic pain, frostbite, left hand chronic pain, right hand arthritis, and left hand arthritis. The case is remanded for further development.

The Veteran's appeals seeking increased ratings for various service-connected conditions have been dismissed as the appeal was not timely filed under the Appeals Modernization Act.

The Veteran's appeals for increased disability ratings for PTSD, lower back disability, and radiculopathy were dismissed because the Notice of Disagreement (NOD) was not filed within the required 60-day period after the issuance of the Supplemental Statement of the Case (SSOC).

The Veteran withdrew his appeals for earlier effective dates and higher ratings, leaving only the TDIU appeal which was also dismissed.

The appeal for service connection of a back condition is dismissed.,The appeal for service connection of right ear hearing loss is dismissed.,The appeal for higher ratings for service-connected sarcoidosis is dismissed.

The Board has remanded the Veteran's claims for service connection for a back condition and left hip condition, both secondary to his service-connected left ankle condition. The VA will obtain new opinions from medical experts to address whether these conditions are related to service or if they are caused by his service-connected left ankle condition.

The Veteran's acquired psychiatric disorder, including depression and anxiety, is found to be at least as likely as not related to his service-connected tinnitus and left knee disabilities.,The Veteran's low back disability is found to be at least as likely as not related to his service-connected left knee disability.

The Veteran's acquired psychiatric disability, diagnosed as major depressive disorder, is granted service connection. Service connection for chronic cervical spine pain and chronic low back pain is denied.

The Board has remanded the claims of service connection for a low back disability, LLE peripheral neuropathy, and RLE peripheral neuropathy due to duty-to-assist errors. The automobile allowance claim is also remanded as it may be affected by the outcome of the service connection claims.

The Veteran's earlier effective date for a 50 percent rating for migraine headaches is granted as of February 3, 2017.,The Veteran's eligibility to Dependents' Educational Assistance (DEA) is also granted as of February 3, 2017.

The Board denied service connection for lung disability, right knee disability, left knee disability, right hand disability, back disability, eye disability, and prostate cancer. The evidence did not show a current disability or link to service.

The Veteran seeks initial ratings in excess of 10 percent for his lower back strain, right knee disability, and left knee disability. The Board has remanded these claims due to the need for further development.

The Veteran's claim for service connection for a back condition was denied due to lack of evidence linking the current disability to service. New and relevant evidence received after the May 2015 rating decision, including testimony from the Veteran about his in-service duties, has been presented but is not sufficient to warrant a remand for a VA examination.

The Veteran's back disability was not service connected until August 23, 2020, after his July 17, 2020, surgery. Therefore, a temporary total rating for convalescence following the surgery is denied.

The Veteran's claims for pseudofolliculitis barbae, hemorrhoids, right elbow disability, and left elbow disability have been dismissed as they were not included in the original appeal.,The Veteran's claim for an acquired psychiatric disability (claimed as insomnia) has also been dismissed. The evidence does not support a finding that this condition began during service or is related to any in-service injury or disease.

The Veteran's claim for a total disability rating based on individual unemployability prior to June 1, 2009 was denied as the percentage requirements for schedular entitlement were not met before that date. The effective date of TDIU is set at June 1, 2009.

The Board has remanded the cases due to duty-to-assist errors, including inadequate medical opinions and failure to consider toxic exposure. The Veteran's service-connected bilateral foot disability is conceded.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.