Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities do not render him unemployable throughout the entire appeal period, as he has been working part-time or full-time during this time.

The Veteran's appeal for higher initial ratings for right foot plantar fasciitis has been dismissed.,Service connection for headaches is granted, with the Board resolving all reasonable doubt in favor of the Veteran.

The Veteran's claim for a higher rating for his post-operative degenerative disc disease of the thoracolumbar spine with strain was granted, and he is now rated at 40 percent from April 9, 2015 to April 5, 2018. The appeal related to this issue only.

The Veteran's claim for service connection for right foot plantar fasciitis was dismissed. The claims for service connection for right elbow and lower back disorders were granted, while the claim for service connection for right ankle disorder was denied.

The Board has remanded the Veteran's claims of service connection for a back disorder and right heel spurs due to deficiencies in the original decision. Additional development is needed, including examinations by medical professionals.

The Veteran's claims for increased ratings and service connection are being remanded.,No effective date has been assigned as the issues have been remanded.

The Veteran's appeal is remanded for further development to determine the severity and manifestations of his bilateral knee disabilities, left knee disability, lumbar disability, and right lower extremity radiculopathy.

The Board has remanded several issues related to the Veteran's service connection claims, including those for right knee, right ankle, left ankle, right foot, and left foot disabilities. The issues are inextricably intertwined with a higher rating claim for the left knee disability.

The Veteran's service-connected disabilities, including PTSD and multiple physical conditions, rendered him unable to secure or follow a substantially gainful occupation from August 14, 2014 to April 5, 2018. The Board granted the TDIU claim based on these findings.

The Veteran's claim of service connection for PTSD is denied. The claims of service connection for a low back disorder, bilateral hearing loss, and an acquired psychiatric disorder are granted.

The Veteran's claims for service connection for thoracolumbar spine and foot disabilities are remanded due to the need for further medical examinations.

The Board has remanded the claim for an increased rating for spondylolisthesis with degenerative arthritis, lumbar spine due to receipt of additional relevant VA medical records that have not been reviewed by the AOJ.

The Veteran's claims for service connection for reactive depression, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, and gastrointestinal disorder (IBS) have been withdrawn or reopened. The cases are now remanded for further development.,Service connection remains pending for the Veteran's claimed conditions.

The Board has remanded the cervical spine condition claim due to a lack of proper notification for a VA examination. The Veteran's cervical spine degenerative disc disease is related to her military service, and a medical opinion is needed to support this conclusion.

The Veteran's initial rating for lumbosacral strain is granted at 10 percent from August 10, 1990 to December 3, 2015. A higher rating is denied from December 2, 2015 to December 25, 2019.

The Board has remanded the case due to a lack of compliance with previous remand directives regarding the severity of the Veteran's degenerative arthritis of the lumbosacral spine prior to September 22, 2015. The case is now pending for further consideration.

The Veteran's claim for service connection for a low back disability has been reopened and granted. The appeal is denied for an increased rating for PTSD with TBI, but the case is remanded for further action on other issues.

The Board has granted service connection for allergic rhinitis and chronic sinusitis, but has remanded the issues of service connection for a lumbar spine disorder and a skin rash other than PFB to obtain additional evidence and opinions.

The Board dismissed the appeal for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) prior to January 5, 2022. The RO granted service connection and assigned disability ratings for the low back disability and associated lumbar radiculopathy.

The Board dismissed the Veteran's challenges to recoupment of $50,688 severance pay as moot due to an intervening event where the RO had already remitted the overcharged amount and disbursed it to the Veteran.