Back / lumbar spine decisions — 2022

The Board denied service connection for bilateral hearing loss, left hip disability, low back disability, and right shoulder disability due to lack of evidence linking these conditions to active duty service.

The Board has denied the claims of service connection for bilateral eye disability, lumbar spine disability, right knee disability, left knee disability, and right hip disability. The evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, which is granted.

The Board has reopened the claims for service connection for lumbar spine and left shoulder disabilities due to new evidence. The cases are remanded for further development, including obtaining VA treatment records and a medical examination.

The Veteran's service connection for residuals of a traumatic brain injury is denied. The Board grants a total disability rating based on individual unemployability from October 21, 2004 to May 5, 2016.

The Veteran's claims for increased ratings and service connection are remanded due to inadequate examinations. The Board will schedule the Veteran for VA examinations to address his lumbar spine, left knee, right knee, and kidney stone disabilities.

The Veteran's claim for a higher rating for his lumbar spine disability prior to July 24, 2019 was denied as the evidence did not show that his condition met the criteria for an increased rating.,The Veteran's claim for a higher rating for his lumbar spine disability from July 24, 2019 onwards was also denied. The Board found that there was no evidence of unfavorable ankylosis and thus could not grant a higher rating than 40 percent.,The Veteran's claim for TDIU on an extraschedular basis prior to July 24, 2019 was granted as the evidence showed he was unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's headache disability and low back disability have been granted service connection, effective June 19, 2009.,A higher rating for major depressive disorder is denied.

The Veteran's appeal to reopen claims for service connection for back, left leg, and right leg disabilities has been granted. The appeals for migraine headache have been remanded.

The Board has remanded several claims related to the Veteran's neck strain and degenerative arthritis of the cervical spine, hip strains, TBI residuals, and lumbar spine disability due to lack of substantial compliance with previous remand directives.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining outstanding VA treatment records and scheduling a new VA examination. The claims include issues related to dental disability, benign paroxysmal positional vertigo, major depressive disorder, lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, and TDIU prior to November 1, 2010.

The Board has remanded the Veteran's claims due to new evidence being submitted that was not previously considered by the RO. The claims include service connection for an acquired psychiatric disorder, constipation, lumbar disc disease, left shoulder torn rotator cuff, right shoulder rotator cuff, and chronic bronchitis.

The Veteran's claims for service connection for a back condition and neck condition are being remanded due to the need for additional medical examination. The claim for right hand numbness as secondary to a neck condition is also being remanded.

The Board has determined that the Veteran's OSA, back disability, and neck disability may be related to service. However, due to insufficient evidence for a definitive opinion on the etiology of these conditions, the claims are remanded for further examination.

The Veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of these claims as they pertain to service connection.

The Veteran's service-connected psychiatric disability has rendered him totally occupationally and socially impaired, resulting in a 100 percent disability evaluation for the entire period on appeal.

The Board has determined that the Veteran's claims for service connection for left ankle disability, residuals of TBI, cervical spine disability, and low back disability are not fully addressed due to incomplete medical opinions. The cases have been remanded for further development.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, warranting a TDIU. The Board finds the evidence persuasive that she is unable to perform the physical and mental acts required by employment due to her service-connected disabilities.

The Veteran's chronic lumbar strain with facet syndrome was granted a 40% rating effective February 5, 2021. A higher rating is not warranted for the period prior to this date.

The Board has determined that additional development is necessary before final adjudication of the Veteran's claims for service connection for various disabilities, including lumbar spine disability, bilateral lower extremity neurological disabilities, eye disabilities, left hip disability, and bilateral knee disabilities.