Back / lumbar spine Board decisions

The Veteran's claims for effective dates prior to November 1, 2010 for cervical spine degenerative disc disease and associated radiculopathy of the upper extremities are denied as there is no evidence of a claim or informal claim before that date.,The Veteran's claim for an earlier effective date for his thoracic spine surgical scar is also denied as it arose from surgery on September 25, 2012.

The Veteran's initial disability ratings for lumbar strain and radiculopathy of the right lower extremity remain at 20 percent and 10 percent, respectively.

The Veteran's lumbar sprain and associated neurogenic bladder condition are remanded for further evaluation due to inadequate previous VA examination.

The Veteran's claims for service connection for bilateral hearing loss, a head condition, tinnitus, right ankle disability (status post Achilles tendon repair), sciatic nerve disabilities of the left and right lower extremities, right hip disability, left hip disability, neck disability, and migraines have been dismissed.,The Veteran's claim for service connection for low back disability has been reopened due to new and material evidence. The Board finds that there is no evidence showing a chronic condition in service or within one year after discharge.

The Board has remanded the Veteran's claims for service connection and SMC based on his claimed knee, lumbar spine, and cervical spine disorders due to his active service as a paratrooper. The Veteran underwent examinations in November 2017 but needs further examination by an examiner who can consider the specific stresses of parachute jumps during service.

The Veteran's chronic laryngitis was granted a 60% rating from May 31, 2011. The Veteran's lumbar spine disability and left lower extremity radiculopathy were both granted initial 40% ratings effective March 14, 2012.

The Veteran's service-connected lumbar spine disability does not prevent him from obtaining or maintaining substantially gainful employment, and therefore a total disability rating based on individual unemployability is denied.

The Veteran's claim for an initial rating in excess of 20 percent for lumbar strain was denied. The claims for increased ratings for zygomatic fracture residuals and service connection for a back disability were remanded due to procedural issues, while the TDIU claim is also remanded.

The Board dismissed the Veteran's appeals for fibromyalgia, tinnitus, and bronchitis. The Veteran was granted service connection for migraines with a 40 percent rating, but no higher. Her scar left knee associated with tricompartmental chondromalacia status post meniscus surgery received a noncompensable rating. The Board also remanded several issues including the initial compensable rating for radiculopathy of the left lower extremity.

The Veteran's claims for a higher rating for his service-connected low back disability and TDIU have been remanded due to the need for additional medical examination, updated VA treatment records, and consideration of functional loss during flare-ups or on repeated use.

The Veteran's appeals for service connection for a bowel disorder and for a rating in excess of 20 percent for the service-connected lumbar spondylosis are dismissed. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Veteran's appeal for service connection for acne vulgaris has been dismissed.,Her claim of entitlement to service connection for a back disability was reopened and granted, but with conditions that require further development.

The Board has remanded the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities, including a low back disability. The Veteran was not provided with a copy of the supplemental statement of the case regarding this issue and is therefore entitled to another one at his current address.

The Board has remanded the Veteran's claims for service connection for bilateral hip disability, left shoulder disability, low back disability, and bilateral flat feet due to incomplete service treatment records and inadequate VA examination opinions.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected PTSD with GAD and MDD. The issue of service connection for a lumbosacral strain, to include as secondary to service-connect left knee condition, is remanded.

The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.,The Veteran's claims for increased ratings and service connection are being remanded due to the failure of the Veteran to appear for scheduled VA examinations.

The Board has remanded the cases for further development due to the need for additional medical examinations and opinions regarding the Veteran's lumbar spine disability and obstructive sleep apnea.

The Board has reopened the Veteran's previously denied claims of service connection for a spinal injury, neck condition, bilateral glaucoma, hypertension, low back condition, peripheral neuropathy of the bilateral upper and lower extremities, and stroke.,New evidence received since the last final denial supports reopening these claims.

The Veteran's lumbar spine disability is rated at 40 percent from September 6, 2019. He also received separate ratings of 10 percent for left and right lower extremity radiculopathy conditions.

The Veteran's service-connected degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome is being remanded for a new VA examination to assess its current severity. The TDIU claim is also being remanded due to its connection to the back disability.