Back / lumbar spine decisions — 2022

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection, including VA treatment records and examinations relevant to his conditions. The AOJ will issue a Supplemental Statement of the Case (SSOC).

The Board has remanded the claims for back, neck, and headaches to obtain new VA examinations to address the nature and etiology of these claimed conditions. The issues are being returned due to inadequate previous examinations.

The Board has granted service connection for lumbar degenerative disc disease/degenerative joint disease, right and left lower extremity radiculopathy, bilateral foot disorders (metatarsalgia), and sleep disorder (obstructive sleep apnea).,Service connection is denied for right and left hip disorders.

The Veteran's initial ratings for DJD of the lower thoracic and lumbar spine, Raynaud's syndrome, and GERD were denied. Service connection for residuals of a closed head injury/subdural hematoma was also denied.

The Board has remanded the Veteran's claims for asthma, lumbar spine disability, and right lower extremity disability due to incomplete records and need for additional medical opinions.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his employment was not marginal and he could secure and follow substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current low back disorder and his service, including a credible report of an in-service diving accident.

The Board has determined that the Veteran's service-connected disabilities have prevented him from engaging in substantially gainful employment since June 1, 2005. Therefore, TDIU on an extraschedular basis is granted from this date.

The Veteran's initial disability ratings for degenerative arthritis of the lumbar spine and knee strains have been remanded due to insufficient evidence. The TDIU claim prior to June 28, 2017, has also been remanded.

The Veteran's TDIU claim is granted from October 8, 2014, to March 19, 2020. The Board found that the evidence was at least in equipoise as to whether the Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case due to insufficient opinions regarding the Veteran's service connection claims for various joint conditions, including arthritis and strain. The examiner is requested to provide more detailed opinions on the etiology and pathophysiology of these conditions.

The Veteran withdrew his appeals for the ratings of lumbosacral spine disc bulge, right knee osteochondritis dissecans with osteoarthritis and limited flexion, and residuals of left wrist fracture. The Board dismissed these claims as a result.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding a direct service connection opinion for the Veteran's back disability. The case will be returned to the RO for further action.

The Board has remanded the claims for service connection for low back, right knee, and left knee disabilities due to a lack of proper notification regarding a scheduled VA examination.

The Board has remanded the claims for a low back disorder and an acquired psychiatric disorder due to missing records, which have since been obtained. The VA needs to consider this new evidence in their decision.

The Veteran's service-connected back and bilateral knee disabilities prevent him from securing or maintaining substantially gainful employment, thus the claim for TDIU is granted.

The case is being remanded due to the need for additional development and consideration of new evidence. The Veteran's claims for increased evaluations for his lumbar spine condition, radiculopathy in both legs, and TDIU are also being remanded.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS is granted a 20 percent disability evaluation for the entire rating period prior to June 27, 2018.

The Veteran's disability rating for degenerative arthritis of the thoracolumbar spine has been increased to 20 percent, effective from the date of the decision. Service connection has also been granted for radiculopathy of the right and left lower extremities as a neurological manifestation of her service-connected back disability.

The Veteran's claims for radiculopathy of the left sciatic nerve, lumbar spine disorder, right knee disorder, and acquired psychiatric disorder have been reopened. The claims for radiculopathy of the left sciatic nerve and right knee disorder are denied as there is no evidence of an in-service injury or incident that caused these conditions. The claim for a lumbar spine disorder is granted due to a nexus with service, but the claim for an acquired psychiatric disorder remains pending.