Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities, including her cervical spine and lumbar spine conditions, prevent her from engaging in substantially gainful employment that is consistent with her education and occupational experience.

The Veteran's spine disability is being remanded for further development, including consideration of the earlier rating criteria. The TDIU claim is also remanded as it is inextricably intertwined with the spine disability claim.

The Board has dismissed the appeals for earlier effective dates for the grant of a TDIU and Dependents' Educational Assistance under 38 U.S.C. Chapter 35, as the Veteran withdrew her claims during the August 2021 hearing. The case is now remanded to address service connection for a lumbar spine disability.

The Veteran's service-connected disabilities have not prevented them from obtaining or maintaining gainful employment, and therefore the criteria for a TDIU are not met.

The Board has remanded the cases for additional development due to unclear opinions regarding the etiology of the Veteran's low back and left knee disorders, as well as whether his service-connected left leg neuritis caused or aggravated these conditions.

The Board has remanded the case due to incomplete development and requires a new VA medical opinion regarding the service connection for a back disorder, including spina bifida occulta.

The Veteran's service-connected tinnitus and disabilities of the knees and low back have prevented him from participating in a substantially gainful occupation since July 19, 2012. The Board has granted a TDIU for this period.

The Veteran's claim for a higher rating for her degenerative disc disease of the lumbar spine was denied as her range of motion did not meet the criteria for a higher rating.

The Veteran's left inguinal herniorrhaphy scar is granted an initial 10 percent rating.,Other service connection claims are remanded for further development.

The Veteran's claim for a TDIU was denied as there is no evidence that he was unable to secure or follow a substantially gainful occupation due solely to his service-connected disabilities.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's condition was not incurred in or aggravated by service and is not otherwise attributable to service.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The claims are remanded for a VA examination to address whether her right hip and left knee disabilities are at least as likely as not proximately due or aggravated by her service-connected lumbar spine disability.

The Board has determined that the claims for service connection of various disabilities, including right shoulder, left leg, and neck conditions, need further development due to inadequate previous medical opinions. The Veteran's reports about his symptoms will be considered in determining the etiology of these conditions.

The Veteran withdrew his appeals for increased ratings and service connection, effectively dismissing all issues.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for a low back disorder and whether his current condition is related to his service-connected bilateral knee disabilities. The case will be remanded for these purposes.

The Board denied a separate rating for urinary incontinence as a possible neurological manifestation of the service-connected degenerative disc disease of the lumbar spine, finding that there is no evidence of such condition associated with the Veteran's back disability.

The Veteran's request to increase his disability rating for cervical spine C5-6 degenerative disc disease with degenerative joint disease has been withdrawn. The Board has also remanded the claims of service connection for left and right shoulder conditions.

The Veteran's lumbar spine disability with IVDS is granted a 60 percent evaluation, left lower extremity radiculopathy is denied any higher than 20 percent, and right knee disability is denied any higher than 10 percent. Total disability due to individual unemployability is granted.

The Board denied service connection for a low back disorder, finding that the evidence did not show that the disorder originated during service or was caused by any in-service event, injury, disease, or disorder.

The Board has remanded the claims for service connection and increased rating of left ankle disorder, low back disorder, and left leg disorder due to incomplete medical opinions and inextricably intertwined issues.