Back / lumbar spine decisions — 2022

The Board has remanded the issues of service connection for a right knee condition and entitlement to TDIU prior to August 7, 2014 due to insufficient examination findings.

The Board has denied the Veteran's claims for service connection of low back, left hip, and right hip conditions due to lack of evidence linking these conditions to his military service. The claim for degenerative joint disease affecting areas other than the thoracolumbar spine and bilateral hips is also denied.

The Board has decided that the Veteran's appeals for restoration of a 10 percent rating for bilateral hearing loss and an increased rating higher than 10 percent for back disability need to be remanded due to new evidence received after previous decisions.

The Board has determined that the Veteran does not have current bilateral hearing loss for VA purposes and therefore, service connection is denied. The case is remanded to obtain additional medical opinions regarding the etiology of the Veteran's low back disorder and right shoulder disorder.

The Board has granted service connection for the appellant's left and right shoulder, left wrist, neck, and lower back disorders, finding that these conditions are etiologically related to an incident during a period of inactive duty training in 2003.

The Veteran's low back disability is rated at 40 percent from August 11, 2015. The left knee limitation of flexion is separately rated as a 10 percent disability.

The Veteran withdrew his appeal of the denial of an increased rating for his service-connected lumbar spine disability, and the Board dismissed the appeal as a result.

The Board has remanded the Veteran's claim of service connection for a low back disability, including as secondary to his service-connected bilateral knee disabilities. The decision is pending further development and opinion.

The Veteran's appeal for higher ratings and TDIU was denied. The initial rating for reversible obstructive airway disease prior to May 25, 2022 is denied as the disability does not meet the criteria for a higher rating under DCs 6604-6602. For the period from May 25, 2022, the Veteran's disability remains at 30 percent and no higher rating is warranted. The Board also found that the Veteran was unemployable due to his service-connected disabilities.

The Board denied service connection for left knee, right ankle, cervical spine, lumbar spine, cephalgia, partial loss of use of upper extremities, and gout involving the left hand, knees, and ankles as there is no persuasive evidence that these conditions began during active service or are otherwise related to in-service injuries or diseases.,The Board found that the Veteran's current disabilities do not have a direct link to his military service.

The Veteran's TDIU claim was denied because he did not submit a completed VA Form 21-8940 to support his application, and there is no indication in the evidence of record that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded both the service connection for low back disability and the SMC claim due to the need for aid and attendance or housebound status. The remand is in response to inadequate medical opinions regarding the etiology of the Veteran's low back disability.

The Board has remanded the claims of increased rating for low back pain, service connection for bladder condition, right lower extremity radiculopathy, left lower extremity radiculopathy, and left shoulder disability due to additional development needed.

The Board has granted service connection for tinnitus and remanded the remaining issues of back, left knee, right knee, and right ankle disabilities. The Veteran's PTSD rating remains under review.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is granted a 40 percent rating, but no higher. The issue of a separate rating for a neurological disability in the bilateral lower extremities is remanded.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, which render him unable to obtain or retain substantially gainful employment.

The Board has remanded the case due to failure to comply with prior remand orders regarding a retrospective medical opinion on functional impairment of the Veteran's lumbar spine disability.

The Board has decided to remand the case due to conflicting claims regarding service connection for degenerative disease of the lumbar spine with radiculopathy, including as secondary to a service-connected left shoulder disability and as a direct result of service. The Veteran's contentions have changed over time, leading to the need for further development.

Service connection is granted for a low back disability and its associated neurological symptoms in both lower extremities.,Secondary service connection is also granted for the Veteran's bilateral hip condition and bilateral knee disability, all related to his low back disability.

The Veteran's claim for increased ratings of his lumbar spine disability and left lower extremity sciatic radiculopathy was remanded. The Board found that a higher rating is not warranted at any time during the appeal period.