Back / lumbar spine Board decisions

The Veteran's service-connected lumbosacral strain and associated radiculopathies have not prevented him from securing or following a substantially gainful occupation.

The Veteran's left knee disability has been granted a 60 percent rating from June 1, 2018 to November 5, 2020. The right knee disability has also been granted a 60 percent rating since December 1, 2016.,Issues related to the Veteran's left ankle sprain and increased ratings for his right and left knee disabilities have been remanded.

The Board has remanded the Veteran's claims of service connection for a lumbar spine disability and right knee disability due to conflicting medical opinions. The case is returned for further development, including obtaining additional VA treatment records and scheduling addendum medical opinions.

The Board has remanded the case due to an inadequate September 2021 VA medical opinion, which did not address whether the Veteran's service-connected left big toe fracture residuals caused any 'incremental increase' in his non-service-connected lower back disorder. The matter is now remanded for a new examination and opinion.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's low back disorder. The claim will be returned for further development and consideration.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is granted, effective from November 19, 2008. The decision finds that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected back and left shoulder conditions.

The Board has remanded the Veteran's claims for service connection for psychiatric, low back, and neuropathic disabilities due to missing records from his active duty service. The Veteran attributes these conditions to in-service incidents.

The Board has determined that there has not been substantial compliance with the March 2022 remand directives and the claims are being returned for further development.

The Board granted a 10 percent rating for lumbar radiculopathy of the right sciatic nerve prior to October 5, 2020. Separate ratings were not granted for other nerves due to pyramiding and separate function of nerves.

The Veteran's spine disability and associated neurological manifestations are denied increased ratings, with the exception of a remanded matter for further examination.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation at any point during the appeal period, leading to denial of TDIU on an extraschedular basis.

The Board has remanded the Veteran's claims for service connection for various conditions, including sinusitis, headaches, plantar fasciitis, low back disability, hemorrhoids, and erectile dysfunction. The issues include determining whether these conditions are related to military service or if they have been aggravated by other conditions.,The Board also remanded the Veteran's claim for a rating in excess of 10 percent for his left knee disability and cervical spine disability.

The Board has found that the Veteran's lumbar spine disability is not due to his military service, including an in-service skiing injury. The claim for left hip disability remains pending and requires further development.

The Board has remanded the claims for service connection for a neck disability and trapezius strain due to incomplete development of the record, including lack of consideration of recent medical findings and treatment records.

The Board has remanded the Veteran's claims for a disability rating greater than 20 percent prior to June 22, 2017, and greater than 40 percent thereafter, for a back disability; entitlement to a compensable disability rating prior to June 4, 2021, and greater than 10 percent thereafter, for right lower extremity femoral nerve radiculopathy; entitlement to a compensable disability rating prior to June 4, 2021, a rating greater than 10 percent from that date to October 21, 2021, and greater than 20 percent thereafter, for left lower extremity femoral nerve radiculopathy; entitlement to a disability rating greater than 10 percent prior to June 22, 2017, and greater than 20 percent thereafter for right lower extremity sciatic nerve radiculopathy; entitlement to a disability rating greater than 20 percent prior to September 18, 2015, and greater than 40 percent thereafter, for left lower extremity sciatic nerve radiculopathy; and entitlement to a total disability rating based on individual unemployability (TDIU) prior to September 18, 2015. The claims are remanded due to inadequate development of the Veteran's back disability and lower extremity radiculopathy.

The Board has remanded several issues related to service connection for various conditions, including PTSD, lumbar and cervical spine disabilities, left and right foot conditions, bilateral shoulder condition, bilateral hearing loss, and tinnitus. The Veteran's claims will be further developed to obtain legible service records and determine the nature and etiology of her claimed conditions.

The Veteran's claim for TDIU is granted with an effective date of August 2, 2005. The decision also notes that the criteria for this grant have been met based on her service-connected back and bilateral hip conditions.

The Veteran's hypertension is granted service connection. The respiratory disability claim is denied, but the low back, right hip, bilateral knee, and right foot disabilities are remanded for further examination and opinion.

The Veteran's service-connected disabilities prevented him from obtaining or maintaining substantially gainful employment from October 9, 2012, to October 29, 2015.