Back / lumbar spine decisions — 2022

The Board has remanded the issues of a rating in excess of 20 percent for degenerative disc disease of the lumbar spine and entitlement to TDIU due to insufficient consideration of relevant evidence, including VA treatment records.

The Board has granted service connection for degenerative disc disease of the lumbar spine, bilateral patellofemoral syndrome, a bilateral ankle sprain, a bilateral foot disability, a left fifth toe strain, a deviated nasal septum, residuals of an epididymectomy, chronic headache disability, and generalized anxiety disorder.,The Board found that the Veteran's low back, knee, ankle, foot, and toe disabilities are related to his active service.

The Veteran's service-connected disabilities, including a left shoulder disability, low back disability, chronic fatigue syndrome, and cardiomyopathy and postural orthostatic tachycardia syndrome, render him unemployable. However, the current rating schedule does not meet the criteria for TDIU due to his service-connected disabilities. The case is being remanded for further consideration under 38 C.F.R. § 4.16(b) as he may be eligible for a total disability rating based on individual unemployability due to service-connected disability.

The Board has determined that there has not been substantial compliance with the remand directives and the claims must be remanded for additional development.

The Board denied the Veteran's claim for service connection for a back disability due to her failure to report for VA examinations and lack of evidence linking her current condition to service.

The Veteran's lumbar spine disability is rated at 10 percent prior to January 2, 2018, and at 20 percent thereafter. The Veteran's left and right lower leg shin splints are each rated at 10 percent prior to January 2, 2018. Service connection for sinusitis is denied.

The Veteran's lumbar spine DDD was granted a 20 percent rating from January 1, 2013 to September 14, 2014. A higher rating is denied for this period. The Veteran's right lower extremity radiculopathy was granted a 20 percent rating from January 1, 2013 to March 30, 2015.

The Board has granted service connection for lower back, right shoulder, left knee, and right knee conditions based on the Veteran's competent and credible reports of in-service injuries and continued symptoms since service.

The Board has determined that further examination and opinion are needed to determine the nature and etiology of the Veteran's claimed gastrointestinal, muscle/joint/limb pain, bilateral hand, and back disabilities. The claims for service connection will be remanded.

The Veteran's right knee instability associated with patellofemoral syndrome is granted a disability rating of 20 percent, effective August 8, 2016.,Service connection for left upper extremity radiculopathy is remanded.

The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.

The Board has remanded the Veteran's claim of service connection for a lumbar spine disorder due to inadequate medical opinions. The case is returned for further development and consideration.

The Board has determined that the Veteran's appeal for a rating in excess of 10 percent prior to October 28, 2021, and in excess of 40 percent as of October 28, 2021, for a low back disability is denied. The issues of service connection for a psychiatric disability (schizoaffective disorder) and entitlement to TDIU are remanded.

The Board has remanded the cases for further examination and opinion regarding service connection for low back condition, left elbow condition, and bilateral knee pain. The Veteran's conditions are related to his military service but not necessarily due to or aggravated by any service-connected conditions.

The Board has remanded the case due to inadequate development, specifically failing to schedule a VA examination for the Veteran's back disability as instructed in the November 2021 remand. The Veteran is required to be provided with notification letters informing him of the date, time, and place of the examination.

The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no medical evidence establishing a direct or secondary relationship between the condition and his service-connected psychiatric disorder with traumatic brain injury.,For the period prior to December 16, 2020, the Veteran's degenerative arthritis of the lumbar spine was rated at 10 percent. The claim for an increased rating beyond this level was denied as there is no evidence showing that his condition warranted a higher rating.

The Veteran's appeal for service connection for a lumbar spine disability other than spina bifida occulta has been dismissed as the Veteran withdrew his appeal through VA Form 10182.

The Veteran's service-connected disabilities, including migraines, asthma, bilateral pes planus, and others, have prevented her from securing or maintaining substantially gainful employment since June 26, 2014.

The Veteran's claim for service connection for a back disability is reopened, but the appeal is remanded due to insufficient medical opinions and outstanding private treatment records.

The Board has remanded the Veteran's claims for an increased rating for her low back disability and for a TDIU due to incomplete development of the record, particularly with respect to obtaining a retrospective opinion regarding the overall functional impairment of her low back disability throughout the period on appeal.