Back / lumbar spine decisions — 2022

The Veteran's lumbar spine IVDS with DDD is granted a rating of 40 percent prior to August 9, 2017 and denied for ratings in excess of 40 percent from that date. The TDIU claim on a schedular basis is remanded.

The Veteran's appeals for service connection and disability ratings have been dismissed due to her withdrawal of the appeals.

The Board dismissed the appeal as the Veteran withdrew it before a decision was made.

The Board has remanded the claim for service connection of a back disability due to insufficient evidence regarding whether the Veteran incurred any superimposed disease or injury on his congenital scoliosis during service.

The Board has remanded the case due to a need for consideration of the amended criteria for rating musculoskeletal disabilities, including whether the Veteran's intervertebral disc syndrome involves disc herniation with compression and/or irritation of the adjacent nerve root.

The Veteran's claims for increased disability ratings and service connection are being remanded due to the need for further development, including medical examinations.

The Veteran's appeal for VR&E benefits to attend law school was denied as he had already obtained a bachelor's degree and extensive administrative experience, which were sufficient for suitable employment.

The Veteran's claims for increased ratings for his lumbosacral sprain with degenerative changes, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied. The Veteran does not meet the schedular criteria for higher ratings under the applicable VA rating schedule.

The Veteran's claims for increased ratings for PTSD and lumbar-spine disorder, as well as his claim for TDIU are being remanded due to the need for additional examinations and a retrospective evaluation of his service-connected conditions.

The appeal to reopen service connection for sleep apnea is granted. The low back disability claim is remanded.

The Board has remanded the claims for tinnitus, right knee disability, and lumbar spine disability due to insufficient evidence.,Service connection cannot be established for any of these conditions as there is no credible evidence linking them to service.

The Board has decided to remand the case due to inadequate examination and further development is needed.

The Veteran's claim for a rating in excess of 20 percent for his right shoulder disorder was denied. The Board found that the evidence did not demonstrate limitation of motion to midway between side and shoulder level, which would warrant a higher rating. The Veteran's claim for TDIU was also denied as he continued to work as a teacher despite his service-connected disabilities.

The Veteran's lumbosacral strain with degenerative arthritis of the spine and IVDS was granted a 40 percent evaluation from May 12, 2009 to January 15, 2021. From January 15, 2021 on, an evaluation in excess of 40 percent is denied.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's lumbar spine disability, including degenerative disc disease. The claim must be further developed and a new medical opinion obtained.

The Board has remanded the Veteran's claims for a total disability rating based on individual unemployability, service connection for cervical spine disability, erectile dysfunction, and lumbar spine disability due to incomplete opinions regarding obesity.

The Board has granted service connection for the Veteran's cervical spine, lumbar spine, and bilateral knee disabilities. The decision is remanded for further action on the issue of a bilateral wrist disability.

The Board has denied service connection for throat surgery, upper back disorder, low back disorder, right hip disorder, and neck disorder as there is no current diagnosis or evidence of a relationship to service.

The Veteran's appeals for increased ratings related to bilateral hearing loss, allergic rhinitis with upper respiratory infections, right ankle sprain residuals, and PTSD have been dismissed.,Service connection has been granted for cervical and lumbar spine conditions.

The Board found that the Veteran's appeal was untimely and denied his claims for service connection.