Back / lumbar spine decisions — 2022

The Board has remanded the claims for service connection due to insufficient medical opinions and further examination.

The Veteran's claims for service connection for traumatic brain injury and lower back condition were denied due to lack of new and material evidence. The claim for increased rating for unspecified anxiety disorder and depressive disorder was granted with a 70% disability rating.,The Veteran continues to experience occupational and social impairment, but the current rating reflects his overall disability level.

The Veteran's service-connected disabilities alone preclude substantially gainful employment, and the Board has granted a total disability rating based upon individual unemployability (TDIU).

The Veteran's service-connected disabilities, including degenerative disc disease, left and right lower extremity radiculopathy, tinnitus, and noncompensable bilateral hearing loss, have resulted in a TDIU from August 26, 2019. The Board also referred the issue of TDIU prior to August 26, 2019 for extraschedular consideration.

The Veteran's lumbar spine disability and associated radiculopathy of the right lower extremity were granted effective November 14, 2017. The initial ratings for these conditions remain at 20 percent.

The Veteran was granted an effective date of August 25, 2009 for the grant of a TDIU due to service-connected disabilities preventing him from engaging in substantially gainful employment prior to that date.

The Veteran's application to reopen service connection for a cervical spine disability, lumbar spine disability, and OCD was granted. The Veteran is now rated at 100% for her service-connected disabilities, including PTSD, migraines, fecal incontinence, psoriasis, temporomandibular joints syndrome, vaginal episiotomy, residual scar, hemorrhoids, and residual scar associated with fecal incontinence. As a result, the Veteran is granted TDIU.

The Veteran's claim for an increased rating for his service-connected arthritis of the lumbar spine with strain was denied by the Board. The evidence did not support a higher rating under the applicable criteria.

The Board has denied the Veteran's claims for service connection for PTSD, bilateral hearing loss, cervical spine disability, low back disability, right shoulder disability, left knee disability, and right knee disability. The issues of entitlement to service connection for these conditions are all denied.

The Board has granted service connection for the Veteran's lower back and left knee disabilities, finding that these conditions had onset in or are otherwise related to her military service.

The Veteran's appeals for higher disability ratings for lumbar degenerative disc disease, right lumbar radiculopathy, left lower extremity radiculopathy, and left big toe disability are being remanded as the evidence does not support a higher rating under the applicable diagnostic codes.,The Veteran's appeal for an initial compensable disability rating for bilateral recurrent chalazion is also being remanded due to insufficient information regarding his condition.

The Board has remanded the claims for cervical spine and lumbar spine disabilities to include as secondary to service-connected bilateral knee disability due to an incorrect standard applied in the previous VA medical opinions. The Veteran's cervical and lumbar spine conditions are being reviewed under the correct standard of aggravation.

The Veteran's lumbar spine disability and associated radiculopathy were granted increased ratings, but the cervical spine issue was remanded. The issues of service connection for the cervical spine and entitlement to separate ratings for bilateral lower extremity radiculopathy are also pending.

The Board has remanded the Veteran's claims for service connection for a back disorder and obstructive sleep apnea due to inadequate previous opinions. The VA will obtain new medical opinions addressing whether these conditions are related to service or service-connected disabilities.

The Veteran's service-connected intervertebral disc syndrome (IVDS) lumbar spine disability is granted a rating of 40 percent, but no higher, effective from November 14, 2014. The Veteran also received a grant for TDIU on a schedular basis starting August 1, 2015.

The Veteran's appeal for a disability evaluation in excess of 30 percent for service connected left foot plantar fasciitis with heel strain was dismissed. The appeal for TDIU was granted, and the appeals for increased evaluations for lumbar spine disability and right shoulder tendonitis were remanded.

The Veteran's claim for a 20 percent rating for lumbar spine DFD with scoliosis prior to December 28, 2017 is dismissed. The Veteran's claim for TDIU on an extraschedular basis prior to October 27, 2014 is granted.

The Veteran's cervical spine disorder and bilateral hearing loss are remanded for additional medical opinions. The lumbosacral strain, left lung spontaneous pneumothorax, narcolepsy, and right wrist fracture status post fusion of the carpal bones require new examinations to determine their current levels of severity.

The Veteran's initial claim for a higher rating for his thoracolumbar strain was granted, with an effective date of September 13, 2016. The current rating is 40 percent.

The Board has remanded the claims for service connection due to failure of the Veteran to provide requested information and forms necessary for VA to adjudicate his claim of entitlement to a TDIU. The remaining issues on appeal are for further development, including scheduling VA examinations.