Back / lumbar spine Board decisions

The Veteran's claim for TDIU on an extraschedular basis from November 15, 2007, to February 22, 2009, and the earlier effective date for DEA benefits are remanded due to a reasonable possibility that he was unemployable due to service-connected disabilities.

The Veteran's OSA is granted as secondary to his service-connected PTSD.,The Veteran's lumbar spine arthritis and RLE radiculopathy are both granted on a secondary basis to their respective service-connected conditions.,An effective date prior to July 8, 2015, for the grant of service connection for PTSD is denied.,PTSD is rated at 70 percent with TDIU established.

The Veteran's appeal for service connection for degenerative disc disease with right lower extremity radiculopathy (claimed as low back condition) is remanded. The appeals for TDIU and increased ratings for left leg injuries are dismissed.

The Board has denied a higher rating for right lower extremity radiculopathy and remanded the cases of left shoulder rotator cuff tear, lumbar arthritis, sinusitis, and deviated nasal septum. The Veteran's claims are now pending again due to incomplete medical examinations.

The Board has remanded the claims for prostate cancer and its secondary disabilities due to pre-decisional duty to assist errors, including failure to obtain private medical records and an inadequate VA opinion. The appellant is seeking compensation under 38 U.S.C. § 1151 for prostate cancer and service connection for various disabilities as secondary to his prostate cancer.

The Veteran's right shoulder tendonitis and cervical strain have been rated at 20 percent, but the lumbar degenerative disc disease with strain has not met the criteria for a higher rating. The Veteran's TDIU claim was denied.

The Veteran's claims for increased ratings for degenerative arthritis of the thoracolumbar spine and left lower extremity radiculopathy are being remanded due to inadequate examination findings. The VA will schedule a new examination to assess the severity of these conditions.

The Veteran's TBI is rated at 10 percent, effective July 11, 2015.,Degenerative arthritis of the spine with degenerative disc disease status post vertebral fracture is also rated at 10 percent, effective July 11, 2015.

The Veteran's claims for service connection for IBS, PTSD, cervical strain, lumbosacral strain, and migraines have been remanded due to insufficient evidence or need for further examination.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Board has dismissed the Veteran's appeals for a higher rating for his lumbar spine disability and TDIU, as well as his initial claim of a 10 percent rating for his midline lumbar scar. The Board found that the Veteran withdrew these claims during his hearing.

The Veteran's low back pain with degenerative disc disease and spondylolisthesis status post posterior lumbar interbody fusion is granted at a 40 percent evaluation. The issue of service connection for a neck disability and right lower extremity radiculopathy are remanded.

The Veteran's claims for effective dates earlier than August 26, 2016, for left forearm supination impairment and left elbow tendonitis have been denied.,The Veteran's claim for service connection for Epstein-Barr syndrome has been granted and readjudicated.

The Board has granted earlier effective dates of May 8, 2013 for the grants of service connection for left wrist disability and LLE radiculopathy, as well as a 20 percent evaluation for low back disability.

The appeal seeking an earlier effective date for the grant of service connection for spine disability is dismissed.,The claim for a higher rating for spine disability remains pending and will be remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since January 10, 2017. The Board has determined that the criteria for TDIU were met as of January 10, 2016.

The Board has granted separate disability ratings for radiculopathy of the bilateral lower extremities, but has remanded the claim of entitlement to an initial rating in excess of 20 percent for a low back disability.

The Veteran's bilateral hearing loss is granted as service-connected, while his back condition is denied due to lack of evidence linking it to active duty.

The Veteran's low back disability is rated at 40 percent, effective as of the date of this decision.,Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathy.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is being remanded due to an inadequate VA examination report. The examiner did not consider all relevant symptoms and limitations, including subjective complaints of radiculopathy.