Back / lumbar spine decisions — 2022

The Board has remanded several issues related to the Veteran's service-connected conditions, including reopening a claim for bilateral hearing loss and increasing disability ratings for various hip and scar conditions. Additional records are needed from the Air Force Reserve.

The Veteran's DDD of the thoracolumbar spine and recurrent dislocation of the scapulohumeral joint prior to May 22, 2018 are granted with a separate 20% rating. The right arm from shoulder tendinosis is granted but only up until May 22, 2018 when he underwent surgery.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has determined that it does not meet or approximate criteria for a higher rating.

The Board has denied the Veteran's claim for service connection for a lower back disorder, finding that there is no evidence of a current disability related to his military service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation prior to May 4, 2015.

The Veteran's claim for a higher rating for thoracolumbar degenerative disc disease with prior fracture, L-4, and disc bulges at L4-5, L5-S1 was denied. The Board found that the evidence did not show incapacitating episodes of IVDS during the appeal period.,For the period since September 1, 2015, a higher rating for thoracolumbar degenerative disc disease with prior fracture, L-4, and disc bulges at L4-5, L5-S1 was granted. The Veteran's radiculopathy of the right lower extremity and left lower extremity were also rated as 20 percent disabling.,The Veteran's hip disabilities (right hip status post fracture (limited extension), right hip status post fracture (limited flexion), and left hip status post fracture (limitation of adduction/cannot cross legs)) were all denied. The Veteran's bilateral eye disability, right rib disability, and respiratory disability claims were also denied.,The Board remanded the claim for TDIU and earlier effective date for special monthly compensation.

The Board has remanded the issue of entitlement to a Total Evaluation Based on Individual Unemployability (TDIU) prior to April 16, 2019 due to procedural issues and the need for further development regarding the Veteran's income during that period.

The Board has determined that the Veteran's claims for service connection for a low back disability and hypertension are remanded due to inadequate examination reports. The claims will be reviewed again with new evidence and an appropriate medical opinion.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities.

The Board has remanded the cases of right knee pain, bilateral hearing loss, and back disability due to inadequate medical examinations. The Veteran must be provided with new VA medical examinations to determine the etiology of these conditions.

The Board has remanded the Veteran's claims for increased disability evaluations for her thoracolumbar spine degenerative disc disease with scoliosis and bilateral pes planus with plantar fasciitis and osteoarthritis status post metatarsal joint replacement and metatarsal resection, as well as her claim for a TDIU. The RO is instructed to obtain updated medical records, conduct examinations if necessary, and complete the formal application for TDIU (VA Form 21-8940).

The Veteran's claims for service connection for right and left knee disorders, as well as a neck disorder, are remanded due to the need for additional medical opinions regarding their etiology. The Veteran also has an ongoing claim for lumbar degenerative disc disease which is granted.

The Veteran's low back disability alone rendered him unemployable from April 4, 2010 to August 1, 2017. The Board granted TDIU based on this condition during these periods.

The Board has remanded the claims for service connection due to conflicting medical evidence and a need for further examination.

The Board has remanded the claim for a lumbosacral spine disability due to insufficient evidence, including lack of service treatment records. The Veteran's lay statements support her contention that she injured her back during active service and has experienced ongoing symptoms since then.

The Board denied accrued benefits for a low back disability and shortness of breath as there was no competent evidence linking these conditions to service.

The Board has remanded the claims for service connection for low back and neck disabilities due to a lack of contemporaneous medical records. The Veteran's attorney withdrew his hearing request, and VA must obtain SSA disability decision and associated medical records related to the low back disability. A new VA examination is required to determine the etiology of the claimed back disability.

The Veteran's lumbar spine disability is rated at 40 percent disabling from June 23, 2013. The rating was granted based on the current severity of his condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions. The issues include eye disability, acquired psychiatric disorders (including PTSD and adjustment disorder with anxiety), back disability, and bilateral hearing loss.

The Board has dismissed all service connection claims due to the Veteran's death.