Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU prior to August 16, 2019. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected lumbar spine disability and hearing loss of the left ear prevent him from securing or following any substantially gainful employment, and the Board has remanded for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's claims for service connection for residuals of a low back disability, residuals of a left knee disability, and bilateral hearing loss have been remanded due to the need for additional medical opinions regarding the onset and relationship of these conditions to his military service.

The Board has denied the Veteran's claims for service connection for a back disability and a right leg disability, finding that there is not sufficient evidence to establish a nexus between these conditions and his active duty service.

The Board determined that the Veteran's claimed disabilities, including left ankle disorder, neck disorder, bilateral upper extremity neuropathy, left-sided neurological disorder, left shoulder disorder, left arm disorder, right arm disorder, left hip disorder, left knee disorder, left foot disorder, right leg disorder, and back disorder, were not incurred or aggravated by active duty service.

The Veteran's claim for a 30 percent rating for PTSD prior to December 23, 2019 is granted. The claim for an increased rating for PTSD after December 23, 2019 is denied.

The Board has remanded the Veteran's claim for additional development due to incomplete information and failure to appear for VA examinations. The Veteran is asked to provide private chiropractic treatment records from his pre-service period, post-service period, or in his possession.

The Veteran's claims for higher rating, SMC based on need for aid and attendance or housebound status, and TDIU are being remanded due to the need for additional medical examination and information.

The Veteran's claims for increased disability evaluations and service connection are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the VA examination opinions are not adequate to decide the claims and has ordered additional development, including obtaining updated medical records and requesting an opinion from a VA examiner regarding the nature and etiology of the Veteran's thoracolumbar spine condition.

The Veteran's lumbar spine condition, left knee condition, and right knee condition have been denied with no assigned rating.,An initial rating in excess of 10 percent for the lumbar spine condition is not granted prior to September 17, 2018.

The Veteran's low back disability, including a lumbosacral strain and levoscoliosis of the lumbar spine, is granted as service-connected. The issue of an increased rating for her left hip disability remains pending.

The Board has remanded the Veteran's claims for service connection for bilateral ankle, left shoulder, and lumbar disorders due to insufficient evidence. The Veteran will need to provide additional medical records and undergo VA examinations.

The Veteran's back disability was rated as 20 percent disabling prior to July 25, 2021. The Board has remanded the case for further development.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.

The Veteran's claim for increased ratings of lumbar spine disability was denied. The Board found that the Veteran did not meet the criteria for a rating in excess of 10 percent prior to August 2, 2019; from August 2, 2019 to July 21, 2022; and from July 22, 2022.

The Board denied the Veteran's claim for service connection for a back condition, finding that his preexisting scoliosis and degenerative disc disease did not increase in severity during service and were not aggravated by any event or injury therein. The Board also found no evidence of secondary service connection due to his right foot condition.

The Veteran's claims for increased ratings for his back disability and bilateral sciatica are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the Veteran's claims for service connection for lumbar spine and bilateral hip disabilities, as secondary to his service-connected bilateral knee or foot disabilities. The remand is due to incomplete medical opinions regarding the nature of these conditions and their relationship to his service-connected disabilities.

The Board finds that the October 2021 examinations are inadequate for deciding the Veteran's claims regarding neck, upper back, and right shoulder conditions as secondary to her service-connected left shoulder disability. Further examination is required.