Back / lumbar spine decisions — 2022

The Veteran's appeal for increased ratings was dismissed as the appellant requested a withdrawal of the appeal. The issues related to service connection and TDIU have been resolved.

The Board has dismissed the appeal for PTSD due to withdrawal. The lumbar spine disability claim is granted, and the hypertension, left hand, and right hand disability claims are remanded for further development.

The Veteran's service-connected disabilities, including major depression with panic disorder and alcohol use disorder, bilateral hallux valgus (bunions), painful surgical scars on the feet, pes planus, hammer toes of the feet, and thoracolumbar strain and scoliosis, have rendered him unable to secure or follow substantially gainful employment.,The Veteran's major depressive disorder with panic disorder and alcohol use disorder has prevented him from securing and following substantially gainful employment since October 1, 2017.

The Veteran's claim for a higher rating for his lumbar spine disorder, including separate ratings for right and left lower extremity radiculopathy, is granted from August 25, 2015, to October 27, 2021. The claim is denied thereafter.

The Board has granted service connection for degenerative arthritis of the thoracic and lumbar spine, but remanded the right knee disability claim due to insufficient evidence.

The Board has found that further development is needed for the claims of service connection for a back disorder, left lower extremity disorder, and sleep apnea. The Veteran's VA examinations have been conducted, but additional records from SSA are required to make an informed decision.

The Board has granted service connection for lumbar spine, left knee, and left ankle/foot disabilities based on the Veteran's reported in-service fall. The Board found that her current conditions are at least as likely as not related to her military service.

The Veteran's low back disability is rated at 20 percent, and his PTSD ratings are denied. A TDIU effective date of May 1, 2008, but no earlier, was granted.

The Board has determined that the Veteran's service-connected disabilities render her in need of regular aid and attendance, which is required to protect her from hazards or dangers incident to her daily environment. As a result, the Veteran is granted special monthly compensation (SMC) based on aid and attendance.

The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence of a superimposed disease or injury related to service.

The Veteran's request to reopen the issues of service connection for back and neck disabilities is granted. The cases are REMANDED for further development.

The Board has determined that additional development is needed for the Veteran's increased evaluation claims related to his service-connected right and left knee disabilities, right shoulder disability, sinusitis, and lumbar spine disability. The claims are being remanded for further examination and consideration.

The Board has remanded the Veteran's claims for service connection due to new and adequate evidence being required, including VA examinations.

The Board has remanded the case for further development regarding a rating in excess of 20 percent for degenerative arthritis of the lumbar spine and TDIU.

The Board denied the Veteran's claim for service connection of a low back disability, finding no current diagnosis and concluding that her reported pain alone did not meet the criteria for a disability.

The Board has remanded the cases due to inadequate opinions from a previous VA examiner and additional development is required.

The Board has decided to remand the case due to insufficient evidence of record, particularly regarding the Veteran's service connection claim for a back condition. The examiner is requested to provide an opinion on whether it is at least as likely as not that the Veteran's back condition had its onset during active duty or is causally related to any in-service event, disease, or injury.

The Board has remanded the Veteran's claims for additional medical inquiry into his service-connected residuals of a left knee replacement and thoracolumbar spine strain with IVDS, as well as for an assessment of radiculopathy of the bilateral lower extremities. The appeals are currently pending.

The Veteran's appeal for a combined disability rating in excess of 70 percent is dismissed, and the Board grants entitlement to TDIU prior to April 16, 2019.

The Veteran's appeal for a higher rating for his lumbosacral strain with degenerative changes was denied. The issues of service connection for left shoulder disorder and right hip disorder, to include as due to the back disability, were remanded.