Back / lumbar spine decisions — 2022

The Veteran's claim for a disability rating in excess of 40 percent for DDD of the lumbar spine from July 15, 2021 was denied. The evidence did not show unfavorable ankylosis or incapacitating episodes of IVDS lasting at least six weeks during the past 12 months.

The Board has remanded the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) for the period prior to August 14, 2017. The decision is pending further development and review.

The Board has dismissed all service connection claims for various conditions as the Veteran died during the appeal process.

The Veteran's service connection claim for s/p surgery lumbar spine with DDD and retrolisthesis is granted as his disability was incurred during active duty.

The Veteran's claims for an initial disability rating in excess of 10 percent for a right knee disability, an initial disability rating in excess of 10 percent prior to August 14, 2019, and in excess of 20 percent thereafter, for a back disability, and service connection for MRSA are being remanded due to the need for additional examinations and consideration.

The Board has remanded the claims for an initial rating higher than 10 percent for a low back disability and right knee disability due to inadequate VA examinations in previous years.

The Board has remanded the Veteran's claims for increased ratings for intervertebral disc syndrome with degenerative changes of the lumbosacral spine and right ankle degenerative arthritis, as well as his claim for a total disability rating based on individual unemployability prior to January 7, 2019. The appeals are remanded due to the need for additional development.

The Board has dismissed the appeal of sleep apnea due to withdrawal. The remaining issues have been remanded for further action.

The Board has granted service connection for a back disability, a neck disability, and major depressive disorder as secondary to the Veteran's now service-connected back and neck disabilities. The evidence is in relative equipoise as to whether these conditions were aggravated by service.

The Board has denied a higher disability rating for the Veteran's lumbar strain and has remanded his claims for service connection for kidney disability and TDIU.

The Veteran's claim for service connection has been granted for Stevens-Johnson syndrome. The Board has also remanded the remaining issues due to insufficient evidence and need for further examination.

The Board has reopened the Veteran's claims for service connection for sleep apnea, diabetes mellitus, fibromyalgia, a low back condition, right carpal tunnel syndrome, and left carpal tunnel syndrome due to new and material evidence. The claims are now pending before the Board.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that there was no evidence showing a current disability related to his in-service injuries. The Board also remanded the issue of an increased rating for tinea pedis.

The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and outstanding VA, non-VA, and Social Security Administration records. The issues of entitlement to service connection for a heart disability, respiratory disability, neck disability, low back disability, peripheral nerve disability, and acquired psychiatric disorder are all being remanded.

The Board denied the Veteran's claim for service connection for lumbar spine degenerative disc disease with lower extremity radiculopathy, finding that there was no credible evidence to support a link between his current disability and service.

The Board has remanded the Veteran's claims for lumbar spine and bilateral knee conditions due to inadequate VA examination opinions. The case is returned for further development.

The Veteran is granted entitlement to TDIU as of April 11, 2017 and from August 1, 2015 to April 10, 2017. The claim for TDIU prior to August 1, 2015 is denied.

The Veteran's lumbar spine disability has been granted a 20 percent rating from September 20, 2012. The case is remanded for further consideration of the TDIU claim prior to September 17, 2015.

The Board has remanded the claims for service connection due to insufficient examination reports and conflicting evidence in the record. The Veteran's neck and back disabilities are being examined again, as well as his disability manifested by chest pains, shortness of breath, and difficulty breathing.

The Veteran's appeal is remanded for further evaluation of several service-connected conditions, including recurrent leg and sleep disabilities. The Board also notes that the combined rating for all service-connected disabilities has not yet reached a level sufficient to warrant a TDIU.