Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities, including PTSD, bipolar disorder associated with IVDS, right knee total joint replacement, and other conditions, prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's service-connected disabilities prevent her from securing or following a substantially gainful occupation prior to March 26, 2020. From that date, the Veteran meets the percentage requirements for consideration of TDIU.

The Board denied service connection for a back disability, finding that the Veteran's current condition did not have its onset during or within the initial year of service and is not otherwise related to service. The pre-existing disorder was also found not to be aggravated by service.

The Veteran's claims for left shoulder disorder, degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy, and bilateral knee disorder have been denied.,Service connection has not been established for any of these conditions.

The Veteran's claims for higher ratings for bilateral pes planus, cervical spine disability, and thoracolumbar spine disability are denied. The right knee claim is dismissed.,The Board has remanded the Veteran's claims for increased ratings for his cervical spine, thoracolumbar spine, and right knee disabilities due to insufficient examination findings.

The Board has determined that additional development is necessary for the issues of service connection for a back disorder, left and right lower extremity radiculopathy, type II diabetes mellitus, and sleep apnea. The Veteran's representative argued that her service-connected ankle and knee disabilities caused or aggravated her obesity, which in turn caused or aggravated her claimed conditions.

The Board has remanded two issues: service connection for a back disability and service connection for nerve damage of the tongue. The Veteran's claims are being reviewed again due to incomplete or insufficient opinions from previous VA examiners.

The Veteran's PTSD and low back disability have been granted with a 100% rating, effective July 23, 2013. The Board found that the Veteran's PTSD resulted in total occupational and social impairment, while his low back disability was service-connected due to its onset during active duty.

The Board has determined that the Veteran's back disability is not related to service and denied his claim for service connection.

The Board has granted service connection for a back disability on a treatment basis under 38 U.S.C. Chapter 17, finding that the Veteran's current degenerative arthritis of the spine is related to his in-service injury and continuous symptoms since service.

The Board has remanded the claims for service connection due to insufficient evidence and need for further development, including obtaining additional medical records.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, right knee, and left knee disabilities due to inadequate assessments of functional loss during flare-ups in prior examinations.

The Veteran's claims for service connection for various conditions, including tinnitus and PTSD, have been dismissed due to the failure to appeal the January 2021 Board decision.,The Veteran's bilateral knee disabilities are not rated higher than 20 percent.

The Veteran's TDIU claim from April 24, 2017 to the present is granted. The issue of a higher rating for depressive disorder with alcoholic/cannabis use disorder with depressive features from June 16, 2010 to September 20, 2018 is dismissed as the Veteran did not file a notice of disagreement.

The Board has remanded the Veteran's claims for service connection and rating of his disabilities due to inadequate opinions in some cases, and requests for additional medical records.

The Board has decided that the Veteran's claims for increased ratings for lumbar spine disability, right hand fracture residuals, and left hand traumatic arthritis should be remanded due to outstanding private treatment records not being obtained.

The Veteran's appeals for service connection are being remanded due to the need for additional development and consideration.

The Board denied the Veteran's claim for service connection for a back condition, finding that there was no evidence of chronic conditions in service or within the applicable presumptive period. The Veteran's lay testimony regarding his fall during service was not considered sufficient to establish a nexus between his current back conditions and service.

The Board has decided that the RO should review all new evidence and readjudicate the Veteran's claim for service connection for a low back disability. The appeal is being remanded to allow this process.

The Veteran's TDIU claim is denied as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation. The dental condition for compensation purposes issue is remanded due to insufficient evidence.