Back / lumbar spine decisions — 2022

The Veteran's service-connected conditions, including irritable bowel syndrome and acquired psychiatric disorder, have rendered him unable to secure or maintain substantially gainful employment since June 1, 2017. The Board has granted a TDIU rating on an extraschedular basis for this period.

The Veteran's tinnitus and skin condition are granted service connection. The Veteran's thoracolumbar spine strain is remanded for a new examination to assess current severity, including flare-ups. Service connection for IBS is also remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including erectile dysfunction, headache, diabetes mellitus, type II, bilateral foot disability, skeletal arthritis, depression, muscle damage to left side, pelvis injury, bilateral eye disability, low back disability, TBI, right hip and knee disabilities, GERD, and bilateral kidney disability. The remand includes obtaining VA treatment records from 1988 to present and scheduling a new examination for the right hip.

The Board has decided to remand the Veteran's claims for left ankle, back, and bilateral foot disabilities due to incomplete records and need for updated opinions. The right foot disability claim is also being remanded as it was not previously adjudicated.

The Board has remanded the Veteran's claims for service connection for various disabilities, including lumbar spine, hip, knee, and erectile dysfunction. The claims are being returned to VA for further development.

The Veteran's service-connected conditions do not meet the criteria for a TDIU as they do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the case for further examination and evaluation of the Veteran's back disability, specifically focusing on its current severity. The issues related to rating assignments are also being remanded.

The Board has remanded the claims of service connection for various conditions due to incomplete or outdated medical records. The Veteran is asked to provide updated VA and private treatment records.

The Board denied service connection for residuals of frostbite of the feet and granted service connection for lumbosacral strain with degenerative arthritis of the spine. The Veteran does not have current residuals of frostbite on his feet, but has a current back disability that began in-service.

The Veteran's lumbar strain with DDD, DJD, and spinal stenosis status post lumbar discectomy was rated as 40 percent disabling. The Board denied a higher rating based on the lack of evidence showing ankylosis or other severe impairment.

The Board has remanded the Veteran's claims for entitlement to service connection for a right knee disability, left knee disability, low back disability, and vertigo due to insufficient development of records.

The Veteran's claim for a higher evaluation for service-connected lumbar disability was granted, with the rating being set at 40 percent effective from November 1, 2021. A separate evaluation of 10 percent for radiculopathy of bilateral lower extremities is also granted.

The Veteran's service-connected degenerative arthritis of the lumbar spine is granted.,A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted, beginning May 10, 2020.

The Veteran's service-connected disabilities render him unable to secure and maintain a substantially gainful occupation, warranting referral for extraschedular consideration.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating. However, there is evidence suggesting he may be unable to secure and follow a substantially gainful occupation due to his service-connected disabilities. The Board finds that consideration of this TDIU claim for extra-schedular evaluation under 38 C.F.R. § 4.16(b) is appropriate.

The Board has remanded the claims for coronary artery disease, hypertension, right leg condition, left leg condition, lower back condition, and psychiatric condition due to outstanding VA treatment records.

The Board has remanded the Veteran's claims of service connection for back, neck, left elbow, and hand disabilities due to inadequate examinations. The Veteran is also being remanded for a VA examination to assess his current left shoulder disability.

The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for a low back disability. The case is now remanded for further development, including a VA examination.

The Board denied compensation under the provisions of 38 U.S.C. § 1151 for atherosclerosis of the abdominal aorta due to VA's carelessness, negligence, or lack of proper skill in prescribing Atenolol.

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining substantially gainful employment consistent with her educational and occupational background prior to April 16, 2019.