Back / lumbar spine Board decisions

The Board has remanded the case due to issues related to a total rating based on individual unemployability (TDIU) and special monthly compensation under 38 U.S.C. § 1114(s) and 38 C.F.R. § 3.350(i). The Veteran's back disability is rated as 20 percent disabling, and he has also been granted a separate rating for his peripheral neuropathy of the lower extremities.

The Board has determined that the Veteran's low back disability is at least as likely as not related to an in-service injury during parachute training, and thus grants service connection for this condition.

Service connection for craniocervical arteriovenous fistula is granted. A rating in excess of 10 percent for tinnitus and a compensable rating for lumbar spine degenerative disc disease prior to April 20, 2015, and a rating in excess of 20 percent thereafter are remanded.

The Board has decided that the Veteran's left-hand contusion is not related to his service and denied this claim. The issues of entitlement to service connection for an acquired psychiatric disability and chronic back pain are remanded for further review.

The Board has decided to remand the case due to inadequate examination reports regarding flare-ups, and requests that additional records be obtained.

The Veteran's service-connected lumbar spine, left knee ACL tear with patellofemoral pain syndrome, and right knee patellofemoral pain syndrome have worsened significantly since his last examinations. He should be reexamined to reassess the severity of these disabilities due to the significant time that has passed since those prior examinations. Additionally, a TDIU claim is remanded as it is inextricably intertwined with the claims for higher initial ratings for his low back and left and right knee disabilities.

The Board has granted a TDIU for the period prior to January 4, 2020. The issue of entitlement to a TDIU on an extraschedular basis prior to February 12, 2014 is remanded.

The Veteran's service-connected disabilities, including PTSD and back strain, have rendered him unable to secure or follow substantially gainful employment since August 2007. The Board has determined that a TDIU is warranted on an extraschedular basis prior to May 11, 2011.

Service connection for migraine headaches, bilateral hearing loss, and Sjogren’s syndrome is denied.,An earlier effective date of May 31, 2005 for the grant of service connection for back disability is granted. A rating in excess of 20 percent for back disability remains denied.,Ratings in excess of 10 percent for radiculopathy of the left and right lower extremities are denied from August 15, 2016 to February 6, 2020. Ratings of 40 percent, but no higher, are granted beginning February 7, 2020.,Service connection for tinnitus is not granted.

The Board denied the Veteran's claim for special monthly compensation (SMC) because of the need for aid and attendance, finding that his service-connected disabilities did not render him in need of regular aid and assistance.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected conditions have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for an increased rating for his back disorder was granted with an effective date of April 4, 2016. The Board found that the earlier effective date is not warranted due to lack of factual ascertainability prior to this date. Service connection for OSA remains pending as remanded.

The Veteran's cervical spine disability was granted with a 30 percent rating, and his right upper extremity radiculopathy was granted with a 20 percent rating. Other issues were remanded for further development.

The Veteran's lumbosacral strain is granted service connection. The right and left wrist conditions are remanded for further evaluation.

The Board has granted service connection for low back pain, finding that it is aggravated by the Veteran's service-connected right total knee replacement.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional development, including medical examinations.

The Veteran's claim for reopening service connection for a back disability is granted, and the Board also grants service connection for bilateral lower extremity radiculopathy as secondary to his service-connected low back disorder.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for new examinations to evaluate his low back, ankle, radiculopathy, neck, elbow, and upper extremity disabilities.

The Board has decided to remand the Veteran's claims for headaches and back disability due to inadequate medical opinions in the original decision. The appeals will be reconsidered with new evidence or a VA examination.

The Board has remanded both claims of service connection for a low back disability and an increased rating for right knee disability due to the need for new examinations and opinions.