Back / lumbar spine Board decisions

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as his service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the case due to outstanding VA and private treatment records, as well as SSA disability claim documentation. The Veteran's low back disability is being reviewed for its relationship to her military service.

The Board dismissed the claim for service connection for lumbar spine disability as it has been granted and rendered moot.,Service connection for hypertension was denied because there is no evidence of a chronic disease within the presumptive period, and the Veteran's statements were not competent to establish a nexus with service.,Service connection for migraines secondary to service-connected hearing loss on a causation basis was granted.

The Board has remanded the Veteran's claims due to additional development being required, including verification of alleged exposure to herbicides and lead paint during service.

The Veteran's lumbar spine disability was initially rated at 10 percent prior to March 9, 2018. From that date, the disability is now rated at 40 percent.

The Veteran's claims for service connection for a low back disability and a respiratory disability have been granted. The claim for residuals of bilateral foot frostbite injuries or cold exposure is still pending.,An initial rating in excess of 50 percent for the service-connected PTSD with depressive disorder, not otherwise specified, and mental manifestations of Parkinson's disease is also pending.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his active service and resolving reasonable doubt in his favor.

The Veteran's claim for service connection for chronic low back pain (osteoarthritis of the lumbar spine) was denied as there is no evidence linking his current condition to his military service.,Service connection for defective vision, including nearsightedness with spots on the retinas, was also denied due to lack of a diagnosed disability at separation and insufficient medical evidence connecting any visual defect to service.

The Board has remanded the claims for service connection for a right knee disability and back disability, as well as the claim for TDIU due to insufficient examination reports in previous decisions.

The Veteran's claims for higher ratings for erectile dysfunction, hypertension, bilateral hearing loss, lumbar spine disability, knee disabilities, postoperative left inguinal hernia repair residuals, right shoulder disability, and left hip disability are all denied as the evidence does not support a compensable rating under applicable diagnostic codes.

The Veteran's lumbosacral strain associated with trigger points/muscle spasms is currently rated at 20 percent, and the Board has remanded for further evaluation. The right hip strains are also being remanded.

The Veteran's service-connected disabilities did not render him incapable of securing or following a substantially gainful occupation prior to April 16, 2003. Therefore, the claim for TDIU prior to that date is denied.

The Board has granted service connection for degenerative disc disease of the lumbar spine and residuals of a traumatic brain injury, including headaches and epistaxis. The conditions are deemed to be related to service.

The Board has denied a higher disability evaluation for the Veteran's service-connected lumbosacral strain with degenerative arthritis and IVDS, but has remanded her claim for entitlement to TDIU due to service-connected disabilities.

The Board has determined that the Veteran's lumbar spine and left knee disabilities require additional examination to determine their current severity, as well as whether they are caused or aggravated by his service-connected conditions. The AOJ should ensure all relevant records are obtained and provide a new VA examination for both disabilities.

The Board has remanded the case for further development to address whether the Veteran's lumbar and cervical spine disorders are secondary to his service-connected bilateral knee disabilities or if they were caused by his back surgery.

The Board's decision is vacated and a new decision will be issued under the Appeals Modernization Act (AMA) for the issues of entitlement to a disability rating in excess of 40 percent for lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, service connection for obstructive sleep apnea, and TDIU.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU. However, due to his unemployability found by the Social Security Administration (SSA), VA must consider whether there is sufficient evidence to substantiate a reasonable possibility that he is unemployable by reason of his service-connected disabilities.

The Board has granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected chronic right ankle sprain with arthritis and bilateral pes planus.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected diabetes mellitus. The back and neck disabilities are not service connected.