Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment, as evidenced by his intermittent employment and significant earnings during periods of unemployment.

The Board has granted service connection for a chronic low back disability and remanded the issue of service connection for obstructive sleep apnea, to include as secondary to service-connected allergic rhinitis and/or reactive airway disease.

The Board denied the Veteran's claim for a total disability rating for individual unemployability (TDIU) on an extraschedular basis, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Board denied service connection for a low back disorder and a cardiovascular disorder for purposes of accrued benefits, finding that the evidence did not support direct service connection based on in-service treatment or continuity of symptomatology.

The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since March 23, 2015. The Board has granted a TDIU effective that date.

The Board has denied the reopening of claims for service connection for cervical spine condition, low back condition, respiratory condition, heat injury, and rhabdomyolysis due to lack of new and material evidence.

The Veteran's bilateral hearing loss is currently rated as noncompensable. The Board has remanded the issues of service connection for low back and cervical spine disorders due to insufficient medical opinions addressing potential in-service causation.

The Board has remanded the case due to inadequate reasons and bases for denying service connection, specifically failing to adequately explain why the Veteran is not entitled to presumptive service connection under 38 C.F.R. § 3.303(b).

The Board has dismissed the Veteran's claims for a compensable evaluation and earlier effective date for lumbar spine surgical scar. The remaining issues of increased evaluations for low back disability, radiculopathy, TDIU, and severance of service connection are remanded for further development.

The Board denied service connection for a back disability, suspected glaucoma and blepharitis (eye condition), and kidney disability due to lack of evidence linking these conditions to the appellant's military service.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for degenerative arthritis of the lumbosacral spine and for a total disability rating based on individual unemployability prior to May 28, 2020 due to inadequate examination findings. The Veteran will need another VA examination to address these issues.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions regarding her conditions.

The Veteran's claims for temporary total evaluations under 38 C.F.R. � 4.29 and 38 C.F.R. � 4.30 are denied as there is no evidence of hospitalization or surgery with convalescence due to a service-connected disability during the appeal period.

The Veteran's claims for service connection for a lumbar spine disability and an acquired psychiatric disability (PTSD and depression) were denied. The Board found no new and material evidence to reopen the claim for lumbar spine disability, and concluded that there is insufficient evidence of current disabilities at any point during the pendency of the claim or shortly before.

The Board has remanded the claims for service connection for left knee disorder, right knee disorder, and low back disorder due to incomplete medical opinions. The TDIU claim is also remanded.

The Veteran's diabetes and peripheral neuropathy of the lower extremities are granted with an increased rating. The claim for service connection for tremors (claimed as suspected Parkinson's) and low back disability is remanded.

The Veteran's claims for service connection of back, right knee, and left knee conditions are remanded due to the need for additional medical opinions.

The Board denied service connection for left shoulder and low back disabilities, finding no evidence of a nexus to service.

The Board has remanded the cases for further development and examination. The Veteran's left foot disability, sinusitis, hypertension, and back disability are all being considered for service connection.

The Veteran's right knee disability is granted as service connected. The Board also found that the Veteran's back and respiratory disabilities are remanded for further examination.