Back / lumbar spine decisions — 2022

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back strain with intervertebral disc syndrome, as the previous examination did not provide sufficient information regarding pain and functional loss.

The Board has remanded the case for further evaluation of the Veteran's back disability and consideration of a TDIU prior to November 21, 2016.

The Veteran's TDIU claim is remanded for extraschedular consideration prior to August 11, 2020 due to her service-connected psychiatric disorder and other disabilities.

The Board has decided to remand the cases for further evaluation due to procedural issues and lack of compliance with prior instructions.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. He also meets the criteria for a TDIU due to his service-connected disabilities.

The Veteran's right upper extremity radiculopathy and cervical spine degenerative disc syndrome were granted initial disability ratings. The Veteran received a 40% rating for his right upper extremity radiculopathy, effective from the date of the decision.

The Veteran's service-connected disabilities, including his lumbar spine disability, bilateral lower extremity radiculopathy, and migraines, are found to be of sufficient severity to render him practically unemployable. The Board grants TDIU on an extraschedular basis.

The Board denied service connection for a lumbar spine disability, right ankle disability, sinusitis, and asthma due to lack of evidence linking these conditions to active service.,Service treatment records show some medical issues during service but no chronic or persistent symptoms related to the claimed disabilities.

The Board denied service connection for a lumbar spine disorder and broken teeth, finding no evidence of a nexus to service.

The Veteran's appeal for increased ratings has been remanded due to the need for additional examinations to assess the severity of his service-connected conditions.

The Board has remanded the Veteran's claims for increased ratings for his back disability, left lower extremity radiculopathy, and TDIU due to service-connected disabilities. The claims are being remanded for additional examinations and opinions.

The Board has granted service connection for tinnitus. The remaining issues of service connection for low back disability, bilateral hearing loss, migraines, OSA, and vertigo are remanded for further development.

The Veteran's service connection claims for DJD of the lumbar spine and degenerative arthritis of the left knee have been granted. The Board has also remanded for further examination to determine if the Veteran's neck, upper leg/hip, and headache conditions are related to his in-service injuries.

The Veteran's appeal is remanded due to the need for new VA examinations to assess her cervical strain and thoracolumbar spine conditions, as well as to obtain updated treatment records.

The Veteran's TDIU claim is remanded for referral to the Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's service-connected disabilities alone are sufficient for SMC based on need for regular A&A. The VA is instructed to schedule a VA SMC A&A/Housebound examination to determine if the Veteran requires assistance with ADLs.

The Board has remanded the claims of service connection for a low back disability and an increased rating for bilateral hearing loss due to inadequate examinations and remote VA treatment records. The Veteran is required to provide updated medical evidence and undergo new VA examinations.

The Veteran's back disability is rated at 20 percent effective April 19, 2011.

The Board denied a TDIU on an extraschedular basis prior to August 14, 2020 due to the Veteran's service-connected disabilities not precluding substantially gainful employment.

The Board has granted the Veteran's claim for service connection for low back disability, including DDD, spinal stenosis, and lumbar spondylosis, finding that it is related to his military service.