Back / lumbar spine decisions — 2022

The Board has granted a 40 percent evaluation for postoperative degenerative arthritis of the lumbar spine prior to April 12, 2017. The remaining issues related to bladder or bowel disorder and radiculopathy of the bilateral lower extremities are remanded for further development.

The Board has granted service connection for degenerative disc disease and spondylolisthesis of the lumbar spine, finding that the evidence is at least in relative equipoise that these conditions are related to service. The Board also granted secondary service connection for right hip degenerative joint disease as a result of service-connected left knee and left distal tibia disabilities.,The Veteran's right hip disorder was found to be less likely than not caused by his service-connected left knee and left ankle disabilities, but the evidence is at least in equipoise that it is related to his service.

The Board has remanded the cases of service connection for lumbar spine and sciatic nerve disabilities due to a lack of substantial compliance with previous remand directives.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and incomplete service treatment records. The issues are related as they could significantly impact each other.

The Veteran's appeal for an earlier effective date for a rating increase from 20% to 40% for degenerative disc disease of the lumbar spine is denied.,The Veteran's appeal for an earlier effective date for a rating increase from 10% to 20% for duodenal ulcer is dismissed due to withdrawal of the claim.,The Veteran's appeal for an earlier effective date for a rating increase for service-connected bursitis of the left hip is dismissed due to withdrawal of the claim.,The Veteran's appeal for a rating in excess of 10% for ganglion cyst of the right hand is dismissed due to withdrawal of the claim.,The Veteran's appeal for painful limitation of motion of the left ankle is granted.,The Veteran's petition to reopen his claim for service connection for a fractured right middle finger is granted.,The Veteran's petition to reopen his claim for service connection for a left ankle disorder is granted.,The Veteran's petition to reopen his claim for service connection for right hip bursitis is granted.,The Veteran's petition to reopen his claim for service connection for atopic dermatitis is denied.,The Veteran's appeal for service connection for a liver disorder is dismissed.

The claim for service connection for sleep apnea is denied as the evidence does not support a finding that it occurred during service or was caused by his service-connected right knee condition.,The claim for service connection for hypertension, stroke, and swelling in the bilateral lower extremities are remanded due to new and material evidence having been received.

The Veteran's lumbosacral strain was rated at 10 percent prior to October 1, 2021. From October 1, 2021, a 40 percent rating is granted.

The Veteran's tinnitus is granted service connection. The remaining issues are remanded for further development.

The Board has remanded the cases for further development and examination to address service connection claims for various disabilities, including right hip, right knee, lumbar spine, and skin conditions.

The Veteran's service-connected lumbar spine and bilateral lower extremity disabilities render him unemployable as of June 2, 2022. TDIU is granted on a schedular basis for this period.

The Veteran's low back disability is rated at 40% from April 20, 2013.,The Veteran is granted a TDIU based on his service-connected low-back disability since April 20, 2013.

The Board denied service connection for a back disability and a right leg disability, finding that the Veteran's current conditions are not related to his military service.

The Veteran's lumbosacral arthritis and right hip disability have been granted service connection with effective dates of July 13, 2017. Separate ratings for neuropathy in both lower extremities have also been granted.

The Board has denied the Veteran's requests to reopen his claims for service connection for a back condition and hypertensive vascular disease, finding no new and material evidence to support these claims.

The Veteran's service-connected disabilities, including migraine headaches and musculoskeletal conditions, have precluded her from securing or following substantially gainful employment for the entirety of the appeal period. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's appeal for service connection for bilateral hearing loss has been dismissed. The Board granted the Veteran's claim for service connection for tinnitus, finding that reasonable doubt must be resolved in his favor. The Board also remanded the issues of service connection for a back disability and a neck disability due to insufficient medical opinions.

The Board has remanded the Veteran's claims for service connection for PTSD, increased ratings for lumbosacral strain and left lower extremity radiculopathy, and individual unemployability (TDIU). The Veteran is to be scheduled for a VA examination to determine his current diagnoses and their relationship to service. Additionally, the TDIU claim must be referred to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the claims for service connection for various spinal and joint disabilities, as well as an acquired psychiatric disorder. The VA will obtain new medical opinions to clarify whether these conditions are related to active service.

The Board has remanded the case due to insufficient development regarding a motor vehicle accident during service that may have caused the Veteran's thoracic spine disability.

The Veteran's lumbar spine disability was granted a 40% rating prior to September 29, 2020. From September 29, 2020 onwards, the claim for higher ratings remains denied.