Back / lumbar spine decisions — 2022

The Board has remanded the claims for service connection for lumbar spine disability and cervical spine disability due to inadequate examination findings. The Veteran's back and neck disabilities are being reviewed again with a focus on their relationship to his military service.

The Board has granted service connection for residuals of right inguinal hernia, degenerative disc disease of the lumbar spine, and degenerative joint disease of the right hip as secondary to his service-connected left ankle sprain residuals and left 5th metatarsal fracture residuals.,The Board has also granted service connection for bipolar disorder.

The Board remands the issue of entitlement to service connection for a back disability for additional development, including an addendum VA medical opinion.

The Board remands the claims for service connection for bilateral hearing loss, a back condition, an acquired psychiatric disorder, and inactive thyroid as secondary to an acquired psychiatric disorder due to missing evidence and inadequate medical opinions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including new VA examinations.

The Board denied ratings in excess of 40 percent for lumbosacral strain with degenerative joint and disc disease, but granted a separate rating of 10 percent for left lower extremity radiculopathy as of September 12, 2014, and a 20 percent rating for right lower extremity radiculopathy as of June 4, 2019. The Board also denied ratings in excess of 10 percent for chondromalacia patella of the right knee with degenerative joint disease and for right wrist injury residuals.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the death of the Veteran.

The Veteran's service-connected back disability and radiculopathy do not prevent him from securing and following substantially gainful employment. The Board denied his claim for a total disability rating based on individual unemployability (TDIU).

The Board has granted a total disability based on individual unemployability (TDIU) due to service-connected disabilities, finding that the Veteran's service-connected conditions have rendered him unable to secure or follow substantially gainful employment.

The Board denied service connection for a lumbar spine disability and entitlement to TDIU from July 9, 2012 to May 12, 2014.

The Board remands the claims for service connection for various disabilities, including neck and back conditions, neurological disorders, irritable colon, loss of taste, arrhythmia, and dizziness, due to a need for further evidence.

The Veteran's lumbar spine disability is rated at 40 percent from May 1, 2017 to present. The appeal for a higher evaluation has been granted.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of both buttocks was denied as there is no evidence that the incident caused a permanent disability resulting from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent and 40 percent for lumbar spine degenerative disc disease (DDD) due to inadequate examination reports addressing flare-ups and functional limitations.

The Board denied service connection for a left knee disability and denied an increased rating greater than 10 percent for lumbosacral strain.

The Board has remanded the case for further development, including a VA examination to assess the severity of the Veteran's thoracolumbar spine disability during the period prior to January 25, 2014. The issues of entitlement to a higher rating and SMC are inextricably intertwined.

The Board has remanded the Veteran's claims for additional development due to incomplete records and inadequate medical opinions. The issues include increased rating for left ankle disability, service connection for right knee and low back disabilities, and TDIU.

The Veteran's degenerative arthritis of the lumbar spine is rated at 40 percent, but no greater, since October 14, 2019.

The Veteran's claims for increased rating of back disability and TDIU prior to March 22, 2020 are being remanded due to inadequate VA examination reports. The case will be returned to the examiner or physician for further assessment.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a TDIU.