Back / lumbar spine decisions — 2022

The Board has remanded the cases due to inadequate medical opinions regarding the Veteran's back disorder and right ankle disorder. The claims are being returned for further development.

The Veteran's service-connected disabilities of lumbar spine degenerative disease, bilateral lower extremity radiculopathy, irritable bowel syndrome, and fatigue have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU with the condition that a VA examination be scheduled for his disability manifested by fatigue.

The Board has remanded the Veteran's claims for service connection for various disabilities, including a right shoulder disorder, back disorder, bilateral leg disorder, bilateral foot disorder, and chest disorder. The VA is directed to schedule the Veteran for VA examinations to determine the nature and etiology of these conditions.

The Veteran's appeal for a higher rating for his back disability and TDIU prior to February 18, 2021 was denied. The Board found that the evidence did not support an increased rating or TDIU based on service-connected conditions.

The Veteran's appeal of service connection for bilateral hearing loss has been withdrawn. The claim for service connection for back disability is reopened, but the matter remains remanded for further development and an opinion regarding the etiology of any diagnosed back disabilities.

The Veteran's service-connected disabilities, including his bilateral knee conditions and back disability, prevent him from securing or following a substantially gainful occupation. The Board has granted the claim for TDIU effective September 19, 2017.

The Veteran's back disability is currently rated at 20 percent prior to December 22, 2020 and denied for a higher rating. From December 22, 2020 onwards, the claim remains denied.

The Veteran seeks increased ratings for his low back disability and bilateral lower extremity radiculopathy, as well as service connection for a bilateral knee disability, bilateral foot disability, and chronic kidney disease. The Board finds that additional development is necessary prior to adjudication of these claims.,An earlier effective date claim for the grant of service connection for sciatic lumbar radiculopathy is also on appeal.

The Board has determined that the Veteran's lumbar spine disability is at least as likely as not related to his active military service, resolving reasonable doubt in favor of the Veteran.

The Veteran is granted a nonservice-connected pension since October [REDACTED], 2020, due to his age and inability to work due to disabilities. Prior to this date, the Veteran's disabilities did not prevent him from securing and following a substantially gainful employment.

The Veteran's claims for service connection and disability ratings are being remanded due to the need for additional development, including obtaining medical records and verifying herbicide exposure.

The Board has reopened the claim for service connection for degenerative arthritis of the thoracolumbar spine, but denied reopening of the hypertension rating claim. The case is remanded to schedule a VA examination for the hypertension.

The Board has denied an initial compensable rating for bilateral hearing loss. The Veteran's gastrointestinal disability and back disability claims are remanded due to outstanding records from Dreas Health Care Service.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the nature and etiology of his left shoulder disorder and the current severity of his thoracolumbar spine disability.

The Board has decided to remand the Veteran's claims for service connection for a right knee disability, a right hip condition, and a low back disability due to inadequate medical opinions.

The Board has granted service connection for a back disorder, neck disorder, left ankle disorder, and right hand disorder, finding that these conditions are related to the Veteran's military service.

The Veteran's left lower extremity radiculopathy is rated at 60 percent, and he is granted TDIU due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for low back and left wrist conditions due to inadequate examination reports.

The Veteran's service-connected lumbar spine disability alone did not render him unable to secure or follow substantially gainful employment, and thus his claim for TDIU on an extraschedular basis was denied.

The Veteran's cervical spine disability is rated at 30 percent effective December 16, 2021. The issue of a higher initial rating for radiculopathy of the left upper extremity remains pending.