Back / lumbar spine decisions — 2022

The Veteran's claim for increased ratings of his service-connected chronic lumbar strain was denied because he failed to report for a scheduled VA examination without providing good cause.

The Veteran's claims for service connection for lumbosacral strain and obstructive sleep apnea have been remanded due to the receipt of new evidence. The Board found that the Veteran had submitted new and material evidence, thus reopening his claim for lumbosacral strain. However, both issues are being remanded as there is additional evidence not yet considered.

The Veteran's degenerative arthritis of the right ankle is granted as service-connected.,The Veteran's bilateral plantar fasciitis, secondary to his right ankle disability, is also granted as service-connected.,The Veteran's degenerative arthritis of the lumbar spine is granted as service-connected.

The Veteran's disability ratings for his left knee, right knee, and lumbar spine conditions have been granted. However, the rating for his PTSD has been increased to 70 percent effective May 13, 2011.

The Board has denied the Veteran's claim for a TDIU on an extraschedular basis prior to January 31, 2022, finding that his service-connected disabilities did not prevent him from securing and following substantially gainful employment.

The Board has remanded the claims for service connection due to incomplete development of medical records and because a VA examination is needed to determine if the Veteran's current right knee disability began during her INACDUTRA period in February 2005. The issues are also intertwined with the low back disability and depression, which may be impacted by the outcome of the right knee claim.

The Board dismissed the Veteran's claim for service connection for a lung condition due to withdrawal of appeal by the Veteran. The issues of increased evaluations for bilateral hearing loss and degenerative arthritis of the lumbar spine, as well as TDIU, are remanded.

The Veteran's appeals for higher ratings on depressive disorder and degenerative arthritis of the thoracolumbar spine, as well as an earlier effective date for TDIU, have been dismissed due to his withdrawal.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining private medical records and an examination regarding his work-related functional impairments. Service connection for a back disability has also been granted, but further evaluation is needed.

The Board dismissed the claim for service connection for lumbosacral strain because it was fully granted in an August 2020 rating decision. The Board also granted service connection for right lower extremity radiculopathy and left lower extremity radiculopathy as due to lumbosacral strain.

The Veteran's claim for a higher rating for joint pain due to an undiagnosed illness was denied.,A separate rating of 20 percent, but no higher, was granted for lumbar spine degenerative arthritis.

The appeals for service connection and evaluation of the Veteran's disabilities have been dismissed due to his death.

The Board has decided to remand the Veteran's claims for a left shoulder condition and low back condition due to the need for additional medical examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development. The back, neck, left knee, and hip disabilities remain in appellate status.

The Board has remanded the claims for higher evaluations for lumbosacral strain, left and right lower extremity radiculopathy due to inadequate examinations and incomplete treatment records. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's claim for a higher rating for low back muscle strain with muscle spasm and disc protrusion prior to April 5, 2021 is denied. From April 5, 2021, the Veteran is granted a 40% rating until June 10, 2022, after which his claim for higher ratings is denied.

The Board has granted service connection for the Veteran's low back condition, finding that his preexisting condition was aggravated by military service.

The Board has remanded the claims of service connection for low back disability and pinched nerve due to insufficient rationale in the previous VA examiner's opinion.

The Veteran is granted TDIU effective July 2, 2012. Prior to that date, his service-connected disabilities did not render him unemployable.

The Board has remanded the case due to concerns about the credibility of the Veteran's statements regarding his service-connected back disability. The case will be returned for further development, including a new VA examination.