Back / lumbar spine Board decisions

The Veteran withdrew their appeals for higher ratings on a low back disability and hypertension, as well as TDIU prior to July 19, 2019.

The Board has granted an earlier effective date of December 1, 2008 for the grant of a total disability rating based upon individual unemployability (TDIU). The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since December 1, 2008.

The Board has determined that the Veteran's low back and right knee disabilities are not service-connected, as there is no evidence of a nexus between her current conditions and her military service.

The Board has decided to remand several issues related to the Veteran's claims, including his hearing loss disability, low back disability, sleep apnea, diabetes mellitus, and associated neuropathy. The Veteran will need to undergo additional examinations to determine the current severity of his hearing loss, the nature and etiology of his low back disability, and the relationship between his sleep apnea and chemical exposure during service.

The Veteran's appeals for increased disability ratings in excess of 10 percent for DJD left shoulder, thoracolumbar spine scoliosis, and cervical spine scoliosis have been dismissed.

The Veteran's claim for increased ratings for his low back disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to November 11, 2019 and did not meet the criteria for a rating in excess of 40 percent after that date.

The Veteran's initial rating for cervical spine disability was denied as his condition did not meet the criteria for a higher rating prior to June 13, 2013.

The Board has remanded the claims for service connection due to insufficient development of records, particularly sick/morning reports from the appropriate units. The Veteran's active duty period is from March 1946 to September 1947.

The Veteran's cervical and lumbar spine disabilities are currently rated at 20 percent, but the Board finds that these ratings do not meet the criteria for a higher rating based on the evidence of record.

The Veteran's claims for service connection for lumbar spine disability, GERD, and asthma are granted. The claim for lumbar spine disability is remanded due to the need for a new VA examination.

The Board has remanded the case for referral to the Director of Compensation for consideration of a TDIU on an extraschedular basis due to the Veteran's service-connected musculoskeletal disabilities.

The Veteran's TDIU claim is being remanded for consideration of whether he should be granted a TDIU on an extraschedular basis due to his service-connected lumbar spine disability.

The Board has determined that there are outstanding VA, private, and military treatment records that need to be obtained for the Veteran's claims. The issues of service connection for a cervical spine disorder, back disorder, TDIU, erectile dysfunction as secondary to a back disorder, back surgical scars as secondary to a back disorder, and compensation under 38 U.S.C. § 1151 have been remanded due to this outstanding evidence.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability, including a lack of explanation for why an in-service stab wound less likely caused his current condition.

The Veteran's neck and back disability claims are being remanded for further proceedings, including obtaining additional medical records and conducting a new examination to assess the current severity of his disabilities.

The Board has remanded the claims due to incomplete verification of the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (IDT). The AOJ needs to verify these periods, obtain any outstanding service treatment records, and determine if additional medical opinions are needed.

The Board has decided to remand the case due to deficiencies in the prior VA examinations and requests for additional information. The Veteran will need a new examination to assess his low back disability.

The Board has remanded the Veteran's claims for increased ratings for her thoracolumbar spine disability and associated radiculopathy. The Veteran is also seeking earlier effective dates for TDIU, Dependents' Educational Assistance, and SMC awards.

The Veteran's claim for increased ratings for degenerative disc disease of the lumbar spine, residuals of fracture L-4 was denied. The initial rating for this condition prior to September 27, 2011 was denied. Ratings were granted for periods from January 1, 2012 to July 5, 2012 and from July 5, 2012 to February 8, 2013 at the 40 percent and 20 percent levels respectively. The claim was denied for ratings in excess of 10 percent from February 8, 2013 to August 8, 2021.

The Board has remanded several issues for further development, including service connection claims for various conditions. The Veteran's hearing loss and TBI are not currently established as service-connected.