Back / lumbar spine decisions — 2022

The Board has dismissed the claim for service connection of a lumbar spine disorder (back disability) as it has been granted. The claims for service connection of a breathing disorder and an acquired psychiatric disorder, to include MDD, bipolar, and PTSD are remanded.

The Board has remanded the claims for further development due to inadequate VA examinations in December 2019, which did not address positive evidence of record.

The Veteran's claim for a higher disability rating for his thoracolumbar degenerative disc disease with spondylosis was granted, but only up to a 40 percent rating as of March 6, 2017. Prior to that date, the rating remained at 20 percent.

The Veteran's claim for increased ratings for his back disability, right and left lower extremity radiculopathy, and a surgical scar on the back is denied.,For the period from January 21, 2019, the Veteran's claims for increased ratings for his right and left lower extremity radiculopathy are denied.,The Veteran's claim for an increased rating for his surgical scar on the back remains noncompensable.,The Veteran's TDIU claim prior to January 21, 2019 is remanded.

The Veteran's service-connected lumbar spine and bilateral knee disabilities are remanded for further evaluation due to the potential need for surgical intervention.

The Veteran's claim for an increased rating for his back disability prior to August 13, 2019 and after that date was denied. The Board found the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's lumbar spine disability was granted an initial rating of 40 percent prior to June 22, 2010. The issue for a higher rating after that date has been withdrawn.

The Veteran's claims for service connection have been reopened and granted. The Board has determined that the Veteran's right knee, left knee, low back, acquired psychiatric disorder (e.g., PTSD, Anxiety, Depression), GERD, hemorrhoids, hypertension, left ankle, right ankle, left elbow, left shoulder, left wrist, right wrist, and sciatic nerve disorders affecting both lower extremities are all service-connected.

The Board has remanded the claim for a low back condition due to insufficient reasoning and lack of consideration of obesity as an intermediate step between service-connected knee disability and current back disability. The Veteran's claim will be reconsidered with additional medical opinion.

The Veteran's PTSD is rated at 70 percent from January 27, 2013 to January 15, 2022. From January 15, 2022, the rating for PTSD is denied. The initial increased rating of 20 percent for left knee limitation of flexion is granted until January 15, 2022. After that date, a higher rating is denied.

The Board has remanded the Veteran's claims for service connection and increased rating, as well as his claim for TDIU due to inadequate examination reports. The claims will be addressed with new or corrected opinions regarding the nature and etiology of the claimed conditions.

The Veteran's appeal for service connection of a back disorder has been dismissed due to the death of the appellant.

The Board has granted service connection for lumbosacral strain with degenerative arthritis and left knee joint osteoarthritis, finding that the evidence is at least in equipoise as to whether these conditions had their onset during active service.

The Board has remanded the Veteran's claims for additional development, including obtaining medical opinions concerning his claimed disabilities.

The Board has decided to remand the case due to a failure to obtain all relevant medical records. The Veteran's claim for service connection of a back disorder will be reconsidered after obtaining these records.

The Veteran's appeal of TDIU is dismissed. The Board also remanded the issue of SMC based on need for aid and attendance or on account of being housebound, due to additional development needed.

The Veteran's lumbar spine degenerative arthritis is now rated at 40 percent effective March 7, 2018.,Left lower extremity lumbar radiculopathy is now rated at 10 percent effective December 28, 2017.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran did not meet the criteria for higher disability ratings or service connection based on his claimed conditions.

The Veteran's service-connected non-cardiac syncope disability with narcolepsy has rendered her unable to secure and follow a substantially gainful occupation, warranting TDIU.

The appeals for service connection of bilateral hearing loss, tinnitus, chronic right groin problems, right big toe frostbite, left foot gout, left shoulder degenerative arthritis, sleep apnea, tension headaches, and lumbar spine arthritis have been dismissed. The appeals for service connection of left knee disorder and right knee disorder are remanded.