Back / lumbar spine Board decisions

The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but his unemployability may be due to his service-connected conditions. The case is being remanded for further review and possible extraschedular consideration.

The Veteran's low back disability was rated at 20 percent prior to February 19, 2013 and a 40 percent rating was granted starting from February 19, 2015. The claim for increased rating of neuropathy, left leg and foot is dismissed.

The Board has remanded the Veteran's claims for low back disorder, Meniere's syndrome, tinnitus, sinus disorder, obstructive sleep apnea, and nail fungus on fingernails and toes due to failure to appear at VA examinations. A new VA examination is required in each case.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between any current low back disability and service. The Veteran's claim will be reconsidered after a VA examination.

The Veteran's migraine headache disability is granted a 50% rating prior to May 4, 2016 and denied any higher. The remaining issues are remanded for further development.

The Veteran's service-connected disabilities (asbestosis, degenerative arthritis of the thoracolumbar spine, radiculopathy of the bilateral lower extremities, status post right inguinal hernia repair, anxiety reaction, and lumbar spine scar) have rendered him unable to secure or follow a substantially gainful occupation.

The Board has decided to remand the claims of service connection for low back disorder, neck disorder, right ankle disorder, and sinusitis due to outstanding records and the need for VA medical opinions.

The Board dismissed the Veteran's appeals for various issues, including ineffective dates and rating claims related to his service-connected conditions. No effective date was granted or denied.

The Board has remanded the Veteran's claims for additional development due to inadequate and incomplete findings in a January 2018 VA examination report. The issues include service connection for left hand, fifth finger condition, low back condition (claimed as low back pain), and chest pain.

The Veteran's initial claim for a higher rating for peripheral neuropathy of the right lower extremity was granted with an effective date of March 29, 2007. A TDIU was also granted from March 30, 2017. The case is remanded to consider a TDIU on an extraschedular basis prior to March 30, 2017.

The Veteran's thoracolumbar spine disorder was granted a compensable rating of 10% for the period prior to August 25, 2014. For the period since December 6, 2014, an initial rating higher than 20% was denied.

The Board has remanded the case for a new VA examination to address whether the Veteran's low back disorder is secondary to his service-connected right knee replacement and/or adjustment disorder with depressed mood, and whether it is related to his military service.

The Veteran's appeal for an increased rating for degenerative arthritis of the lumbar spine was dismissed. The claims for service connection for urinary incontinence and bowel incontinence, both secondary to degenerative arthritis of the lumbar spine, were denied.

The Veteran's claims for increased ratings for lumbar strain and right inguinal hernia were denied as the evidence did not show that his conditions warranted higher ratings under the applicable rating criteria.

The Board has determined that the Veteran's low back disorder, diagnosed as spasm of the paraspinal muscle, is service-connected because it was aggravated by his military service. The condition pre-existed service but did not worsen beyond its natural progression.

The Board has remanded the claim of service connection for lower back disability due to issues with the evidentiary standard and because it is inextricably intertwined with a neck disability claim. The Veteran's service treatment records indicate multiple complaints of back pain during service, but there is also evidence suggesting pre-service injury. The issue must be addressed under the clear and unmistakable standard.

The Board has reopened the claim for service connection for left ear hearing loss and granted service connection for sleep apnea, headaches, back disability, and neck disability. The claims for right ear hearing loss and temporary total evaluation are still pending and need further examination and evidence.

The Veteran's claims for service connection have been reopened, and the Board has determined that new evidence supports reopening of his low back disorder, skin disorder (onychomycosis), and bilateral eye disorder claims. The cases are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board dismissed the appeal for an earlier effective date for service connection of a lumbar spine disability due to withdrawal by the appellant's authorized representative. The issues of increased rating for lumbar spine disability and TDIU are remanded.

The Veteran's appeal for service connection of a bilateral foot disability is dismissed. The Board grants the TDIU on an extraschedular basis, effective March 12, 2010.