Back / lumbar spine decisions — 2022

The Board has remanded the cases for further development due to the need for VA examinations.

The Board has decided to remand the Veteran's claims for neck, back, and left ankle disabilities due to inadequate development in previous examinations.

The Veteran's claims for increased ratings for generalized anxiety disorder with depressive features and low back disability are remanded due to the need for additional examinations.

The Veteran's service-connected cervical spine strain, lumbar spine degenerative disc disease, right elbow epicondylitis, left elbow epicondylitis, and tinnitus do not preclude him from securing or following substantially gainful employment due to his disabilities. The Board denied the claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected lumbar spine disability is now rated at 40 percent, effective October 28, 2019. The appeal was granted for the entire period prior to this date.

The Veteran's TDIU claim was granted for the period from February 8, 2010 to April 3, 2014 on an extraschedular basis and from April 13, 2014 to March 13, 2015 on a schedular basis. The combined rating of his service-connected disabilities was sufficient for TDIU during these periods.

The Board denied the Veteran's claims for service connection for a low back disorder, left shoulder disorder, right shoulder disorder, and an acquired psychiatric disorder (including PTSD), finding that there was no evidence of in-service injury or disease related to these conditions.

The Board has granted service connection for PTSD and remanded the issue of a rating in excess of 20 percent for lumbar spine disability.

The Board has remanded the Veteran's claims for service connection for lower back disability, bilateral ankle disability, and bilateral hearing loss due to incomplete records. The tinnitus claim is granted with an effective date of December 2, 2013.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the claims for a rating in excess of 20 percent prior to and after June 16, 2016, for mechanical low back pain with osteophytic formation; entitlement to a compensable rating prior to December 9, 2019, and a rating in excess of 10 percent on and after December 9, 2019, for left lower extremity radiculopathy. The remand also includes the issue of TDIU.

The Veteran's back disability is granted a 40 percent rating prior to July 26, 2022. The claim for greater than 40 percent ratings for the back disability is denied.

Your service connection claims for a lumbar spine disability and a psychiatric disorder have been granted. However, the appeal is dismissed as your benefit has already been fully awarded.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for spondylolysis of the thoracolumbar spine and radiculopathy of the left lower extremity (LLE) due to inadequate examination reports. The cases are being returned to the AOJ for further development.

The Board has determined that another remand is necessary to comply with its prior remand directives regarding the Veteran's claims for service connection for a lumbar spine disability and a left knee disability.

The Board has ordered a remand to address the Veteran's claim for service connection of her back disorder, specifically due to in-service injuries and continuous symptoms since service.

The Board has remanded the claims for increased rating and service connection due to incomplete records. The Regional Office is instructed to obtain recent VA treatment records, review additional evidence, and adjudicate the right lower extremity radiculopathy issue.

The Board has remanded the Veteran's claims for service connection for low back and neck disabilities due to conflicting medical opinions regarding their etiology.

The Board has remanded the claims for service connection for left ankle, right foot, and low back disabilities due to new evidence received after the last Supplemental Statements of the Case (SSOCs).

Your appeal regarding back disability has been dismissed as the claim was granted in a previous rating decision.