Back / lumbar spine decisions — 2022

The Board has granted service connection for bladder impairment, bowel impairment, and erectile dysfunction as secondary to the Veteran's lumbar spine disability. The issue of a higher rating for the lumbar spine disability is being remanded due to insufficient explanation in the previous decision.

The Veteran's initial and subsequent ratings for his service-connected back disability are being remanded due to the need for further development, including obtaining private treatment records and scheduling a VA examination.

The Board has determined that the Veteran's service-connected lumbar spine disability causes him to need regular aid and attendance, thus granting SMC based on this condition.

The Veteran's claim for service connection for lumbar strain with L4 fracture was granted, effective January 9, 2009. The Board found that the original claim dated January 9, 2009, should be considered as the date of receipt of her claim.

The Veteran's claim for service connection for a back condition (claimed as back pain) was reopened due to new and material evidence. The Board found that the current lumbosacral strain is etiologically related to an in-service injury, thus granting service connection.

The Board has decided to remand the case due to incomplete records and inadequate medical opinions. The Veteran's low back disability is related to a fall during service, but VA needs to obtain relevant inpatient treatment records from 1961 and worker's compensation records.

The Veteran's service-connected disabilities did not preclude substantially gainful employment prior to August 17, 1998.

The Board denied a higher disability rating for the Veteran's low back disability, finding that there was no evidence of unfavorable ankylosis or equivalent functional limitations from repeated use over time.

The Board has remanded the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, including on an extraschedular basis prior to April 28, 2022, and on a schedular basis thereafter. The case is also remanded for an addendum opinion regarding the severity of his service-connected bilateral hearing loss and tinnitus.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that his service-connected disabilities did not render him unemployable prior to March 9, 2016.

The Board has remanded the Veteran's claims for service connection for a lower back condition and kidney condition due to insufficient evidence. The lower back condition claim requires a VA examination, while the kidney condition claim needs further verification of in-service herbicide exposure.

For the period prior to January 9, 2018, the Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment.,The Veteran requires regular aid and attendance due to his service-connected back and left knee disabilities.

The Veteran's pilonidal cyst and back condition are being remanded for further examination and opinion as the current evidence is insufficient to determine their etiology.

The Veteran's appeal for a higher disability rating for his lumbar spine condition has been dismissed as he expressed satisfaction with the June 2022 decision and requested to withdraw the appeal.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was not sufficient evidence to establish that his current disabilities began during active service or were related to an in-service injury.

The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment, as he has maintained full-time employment with compensation above the poverty threshold.

The Board has decided that the Veteran's claims for service connection for lumbar spondylosis, obstructive sleep apnea (OSA), and migraine headaches should be remanded due to new evidence being added after a previous SSOC.

The Board has granted service connection for a right hip disability that is secondary to the Veteran's service-connected lumbar spine disability. The claim of entitlement to an increased rating for the lumbar spine disability prior to June 21, 2018, and higher than 20 percent as of June 21, 2018, has been remanded. The claim of entitlement to a compensable rating for gout has also been remanded.

The Board has remanded the Veteran's claim for service connection of a back disability due to inadequate development and lack of consideration of the Veteran's credible testimony regarding continuous symptoms since service.

The Veteran's right knee disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's thoracolumbar spine disability is currently rated at 10 percent, which does not meet the criteria for a higher rating under VA regulations.