Back / lumbar spine decisions — 2022

The Veteran's service-connected lumbar spine, left foot plantar fasciitis, and right lower extremity radiculopathy disabilities rendered him unable to secure or follow substantially gainful employment from January 19, 2010, to November 24, 2010. A TDIU on an extraschedular basis is granted for this period.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not meet the criteria for schedular or extraschedular consideration.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of an in-service injury or disease and that any current condition is not related to service.

The Board has remanded the Veteran's claims for low back disability and left shoulder condition due to inadequate medical opinions regarding service connection.

The Board has determined that the VA etiology opinions are inadequate and remands the claims for further development.

The Board has remanded the case for a retrospective medical opinion to assess functional loss due to flare-ups during all periods on appeal, including prior to November 15, 2011; from November 15, 2011, to June 26, 2013; from June 27, 2013, to December 15, 2019; and since December 15, 2019.

The Veteran's appeal involves multiple issues related to his service-connected lumbar myositis, right and left ankle disabilities. The ratings for these conditions are being remanded due to incomplete medical records and the need for updated examinations.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, TBI, headaches, right ring finger fracture, scar of the proximal right lateral calf, and proximal right anterior thigh scars were denied. The VA determined that the current evidence did not support higher disability evaluations based on the severity of the service-connected conditions.

The Board has remanded six service connection claims due to the need for additional VA examinations and consideration of new evidence. The Veteran's reported symptoms will be evaluated in conjunction with his service records.

The Board has remanded the Veteran's claims of service connection for low back disorder, bilateral upper and lower extremity neuropathy, and an acquired psychiatric disorder due to in-service injuries and stressors. The claims are being remanded for additional examinations and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further medical examination.

Service connection for bilateral sensorineural hearing loss and tinnitus is granted.,Service connection for hypertension is granted based on presumed exposure to herbicide agents during service in the Republic of Vietnam.,Service connection for a recurrent thoracolumbar spine disability is remanded due to lack of evidence regarding its onset or relationship to service.,Service connection for chronic obstructive pulmonary disease (COPD) and asthma is remanded due to lack of evidence regarding their onset or relationship to service.,Service connection for erectile dysfunction is remanded due to lack of evidence regarding its onset or relationship to service.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine disability. The Veteran is seeking service connection for a back injury he experienced in service, but there are conflicting opinions on whether his current condition is related to that service.

The Veteran's lumbar spine disability was granted an initial rating of 10 percent prior to May 28, 2003. From May 28, 2003 to August 3, 2003, the Veteran received a 10 percent rating. From August 4, 2003 to January 3, 2008, he was granted a 20 percent rating. Since then, he has been granted a 40 percent rating.

The Veteran was granted a TDIU on an extraschedular basis for the period prior to March 20, 2014, due to his service-connected back condition and epididymo-orchitis.

The Veteran's tinnitus, low back pain with cauda equina syndrome and degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, and neurogenic bladder have all been granted service connection.,The VA examiner found no nexus between the Veteran's in-service injuries and his current disabilities, but the Board affords this opinion low probative value due to its inadequacy.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history, resulting in the denial of TDIU.

The Veteran's right foot cellulitis is granted service connection. Service connection for cervical spine and thoracolumbar spine disorders are remanded.

The Veteran was granted a TDIU on an extraschedular basis for the period prior to December 20, 2000 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's lumbar spine disability is rated at 40 percent from April 4, 2019, to May 12, 2021. Her left and right lower extremity radiculopathy are both rated at 20 percent since December 18, 2014.