Back / lumbar spine decisions — 2022

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to April 19, 2010 is remanded due to the need for additional development of her vocational rehabilitation records and non-VA medical records.

The Veteran's service-connected disabilities have been granted increased ratings, with some conditions receiving separate ratings for different parts of their body.,Several conditions received specific and higher ratings based on more severe manifestations.

The Board has remanded the case due to insufficient development regarding the Veteran's employment history and missing private mental health records. The Veteran is seeking TDIU based on his service-connected lower back condition and PTSD.

The Board has remanded the case due to an inadequate opinion regarding the etiology of the Veteran's low back disability. The claim will be reconsidered after a new medical opinion is obtained.

The Veteran's right hip iliotibial band syndrome with painful motion is rated at 10% and the left hip iliotibial band syndrome with limited flexion is rated at 0%. The lumbar strain is also rated at 10%. All ratings are denied.,A rating in excess of 10% for right hip iliotibial band syndrome with painful motion, right hip iliotibial band syndrome with limited flexion, and left hip iliotibial band syndrome with limited flexion is not warranted based on the evidence.

The Veteran's lumbosacral strain with degenerative disc disease is service-connected. The Board found that the Veteran had a current disability (lumbar strain), in-service incurrence of a disease or injury (back pain during service), and a causal relationship between his back pain and his current condition.

The Board denied the Veteran's claim for service connection for lumbar strain, finding that there was no evidence of a chronic disability related to service and concluding that the weight of the probative evidence did not support a finding in favor of service connection.

The Veteran's tinnitus claim is remanded for extraschedular consideration.,The Veteran's claims for bilateral chronic open angle glaucoma with bilateral nodular scleritis, MDD, depression (claimed as insomnia), bronchitis, migraines, cervical and lumbar back conditions, uterine fibroids, hysterectomy, peripheral neuropathy of the upper and lower extremities, right ankle condition, and DM are remanded for additional development.,The Veteran's claims for MDD, depression (claimed as insomnia), migraines, cervical and lumbar back conditions, uterine fibroids, hysterectomy, peripheral neuropathy of the upper and lower extremities, right ankle condition, and DM are remanded for VA examinations to determine their etiology.,The Veteran's bronchitis claim is remanded for additional development.,The Veteran's migraines claim is remanded for a VA examination to determine its nature and etiology.,The Veteran's cervical and lumbar back conditions claims are remanded for a VA examination to determine their nature and etiology.,The Veteran's uterine fibroids, hysterectomy, peripheral neuropathy of the upper and lower extremities, right ankle condition, and DM claims are remanded for VA examinations to determine their nature and etiology.,The Veteran's right ankle condition claim is remanded for a VA examination to determine its nature and etiology.,The Veteran's DM claim is remanded for additional development.

The Veteran's claim for a higher rating for his lumbar spine degenerative disease was granted, but only up to 40 percent. The claim for TDIU was denied as the Veteran did not meet the schedular criteria and there were no other factors that would allow for an extraschedular TDIU determination.

The Veteran's right elbow disorder, left elbow disorder, and fifth metacarpal injury of the right hand did not have their onset in service or are not related to service.,The Veteran's low back disorder did not have its onset in service or until many years thereafter and is not related to service or an incident of service origin.,The Veteran's right knee disorder did not have its onset in service or until many years thereafter and is not related to service or an incident of service origin.,Due to the Veteran's failure to report for examinations, there is insufficient evidence to establish that his obstructive sleep apnea is related to service or a service-connected condition, or whether it represents an undiagnosed illness that cannot be attributed to a known clinical diagnosis.,The Veteran's acne keloidalis did not have its onset in service.,The Veteran's alopecia areata did not have its onset in service.

The Board has denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for bilateral trigger fingers and musculoskeletal disabilities due to chemotherapy involving Docetaxel, finding that there is no evidence showing VA care caused his additional disability or death.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected degenerative arthritis of the lumbar spine.

The Veteran's initial disability rating for lumbar strain is granted at a 40 percent effective from September 21, 2003.

The Veteran's service-connected disabilities do not meet the percentage rating standards for a total disability rating based on individual unemployability (TDIU) prior to May 28, 2015. The Board finds that his service-connected conditions have not rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for PTSD, degenerative joint disease of the thoracolumbar spine without radiculopathy, bilateral hearing loss, and tinnitus have been granted. The claim for a low back disability is being remanded.,The Veteran's acquired psychiatric disorder (to include a depressive disorder and/or PTSD) and respiratory disorder (to include COPD and/or emphysema) claims are also being remanded.

The Board has decided to remand the case for a new examination to assess all nonservice-connected disabilities, including mental health conditions and physical injuries.

The Veteran's back disability, characterized by limited forward flexion and no favorable ankylosis, is rated at 40 percent for the period prior to June 23, 2022.

The Board has remanded the Veteran's claims for service connection for bilateral hip arthroplasty, cervical spine degenerative disc disease, and bilateral knee degenerative joint disease due to new medical opinions being needed.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to deficiencies in previous opinions and inconsistencies in her medical history. The case will be remanded for further examination and opinion.