Back / lumbar spine decisions — 2022

The Board has remanded the cases due to non-compliance with previous directives regarding scheduling a VA examination for mobility and transportation issues.

The Veteran's claims for increased ratings for PTSD and degenerative arthritis of the thoracolumbar spine with IVDS were denied. The Board found that the Veteran failed to report for scheduled VA examinations without good cause, leading to a denial of these claims. The effective date claim was also remanded as it had not been addressed in the AOJ's decision.

The Veteran's initial 40 percent rating for a lumbar spine disorder, including discogenic disease L5-S1 and degenerative disc disease, is granted from September 23, 2005. A TDIU due to service-connected disorders effective October 31, 2017, is also granted.

The Veteran is eligible for assistance in acquiring specially adapted housing (SAH) due to his service-connected disabilities.,The Veteran's claim of eligibility for a special home adaptation grant (SHA) is dismissed as moot, given the award of SAH.

The Board has remanded the claims of entitlement to increased ratings for degenerative arthritis of the left wrist and chronic low back strain due to inadequate examination reports that did not address the Veteran's reported flare-ups.

The Board has remanded the Veteran's claims for service connection for a psychiatric disability, to include PTSD; a low back disability; and a neck disability due to issues with the VA examinations and lack of private treatment records.

The Board has remanded the claims for a certificate of eligibility for specially adapted housing (SAH), special home adaptation (SHA) grant, and special monthly compensation (SMC) based on the need for regular aid and attendance due to unclear extent of service-connected disabilities affecting daily activities.

The Board has remanded the Veteran's claims for service connection due to inadequate examination reports and failure to address all relevant evidence. The issues include lumbar spine, left knee, left hip disabilities, and PTSD.

The Board has dismissed the Veteran's appeals for increased ratings for lumbar spine disability and left knee disability due to his opting into the Appeals Modernization Act (AMA) review system.

The Veteran's disability rating for his lumbar spine condition was increased from 10% to 20%, effective July 27, 2021. A separate rating is granted for left lower extremity radiculopathy associated with the service-connected lumbar spine disability.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The appeals are granted in part.

The Board has remanded the case due to insufficient development of evidence regarding functional limitations during flare-ups at the time of the January 2015 VA examination.

The Board denied service connection for a low back disorder, finding that the evidence did not show it originated during service or was caused by any in-service event.

The Veteran's claim for a higher rating for his chronic thoracolumbar spine condition and cervical spine strain was denied. However, the Veteran received a grant of a 50% disability rating as of October 16, 2020 for his chronic thoracolumbar spine condition. His TDIU claim from November 11, 2018 to January 22, 2021 was also granted.

The Veteran's claim for a higher rating for lumbar spine degenerative disc disease, intervertebral disc syndrome, arthritis, and strain was denied. The Board found that the disability did not meet the criteria for a rating in excess of 20 percent prior to May 31, 2022, or in excess of 40 percent on and after May 31, 2022.

The Board has granted service connection for lumbar spine degenerative arthritis, finding that the Veteran's current disability is related to his in-service injury and resolving reasonable doubt in his favor.

The Board has granted service connection for low back disorder, left and right lower extremity radiculopathy of the sciatic nerve, scar above the right eye, and denied service connection for a right ankle disorder.

The Veteran's PTSD is currently rated at 30 percent, but the Board has determined that a higher rating of 70 percent is warranted.

The Board denied service connection for various conditions, including coronary artery disease and congestive heart failure (cardiac disorder), lumbar spine disorders, hip disorders, and knee disorders. The Board found that the current diagnoses were not related to service.

The Veteran's claims for service connection have been reopened, and the Board has found new and material evidence to support these claims. The appeals are granted in part.