Back / lumbar spine decisions — 2022

The Veteran's initial compensable rating for the right ankle disability prior to August 24, 2017 is denied. An initial rating in excess of 10 percent for the right ankle disability from August 24, 2017 is also denied. The Board has remanded the issues regarding service connection for left ankle disability (secondary to right ankle disability), obstructive sleep apnea, and low back disability.

The Veteran's service connection claim for Bell's Palsy is denied. A 40 percent rating, but no higher, is granted for a lumbar spine disability. The Veteran's cervical spine disorder and hypertension are not rated higher than the current levels. Service connection for PTSD is also denied.

The Veteran's appeal is remanded due to the need for a new examination to determine if his lumbosacral strain disability results in the functional equivalent of ankylosis.

The Veteran's service-connected disabilities prior to January 20, 2020 do not prevent him from obtaining or maintaining substantially gainful employment. From January 20, 2020, the Veteran has a combined schedular rating of 100 percent and TDIU cannot be granted on the basis of one service-connected disability.

The Board has remanded the Veteran's claims for increased ratings due to incomplete development. The case is being returned to the AOJ for further action.

The Board denied the Veteran's claims for service connection for lumbar spine disability and right and left lower extremity radiculopathy, finding that there was no nexus between his current conditions and active service.

The Veteran's lumbosacral strain is rated at 10 percent prior to April 14, 2021 and at 20 percent as of that date. The case is remanded for further development regarding a separate compensable rating for bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings for PTSD, service connection for low back and knee conditions, and TDIU are being remanded due to the need for additional medical records and examinations.

The Board has remanded the Veteran's claims for additional development due to insufficient evidence of a nexus between his current disabilities and service. The claims will be reconsidered after the necessary examinations are completed.

The Board has granted the Veteran's claims for service connection for right knee osteoarthritis, left knee osteoarthritis, and degenerative arthritis of the thoracolumbar spine on a direct basis.,However, the Board has remanded the issue of service connection for a bilateral eye condition (secondary to service-connected Meniere's disease).

The Board has remanded the case due to insufficient evidence and a need for further development, including obtaining an examination.

The Board has determined that the Veteran's low back disability is related to his active military service and grants entitlement to service connection.

The Board has reopened the Veteran's claim for service connection for lumbar disc disease with spinal stenosis, L4/5. The case is remanded to obtain an addendum opinion from a VA examiner regarding the nature and etiology of the Veteran's thoracolumbar spine condition, cervical spine condition, left leg condition, and headaches.

The Board has granted service connection for the Veteran's right knee disability but has remanded his claim for lumbar spine disability due to insufficient evidence.

The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.

The Veteran's requests to withdraw the issues of pes planus in excess of 10 percent prior to March 27, 2017 and pes planus in excess of 30 percent from March 27, 2017 to February 6, 2018 have been granted. The Veteran's request to withdraw the issues of pes planus in excess of 50 percent on and after February 6, 2018, major depressive disorder with alcohol use disorder in excess of 50 percent prior to July 16, 2021, and major depressive disorder with alcohol use disorder in excess of 70 percent on and after July 16, 2021 have been granted. The Veteran's request to withdraw the issue of entitlement to TDIU prior to June 25, 2015 has also been granted.,The Board has remanded the issues of service connection for a back disability, fibromyalgia, and increased ratings for pes planus and major depressive disorder with alcohol use disorder. The Veteran is required to undergo additional examinations in order to determine the presence and severity of his disabilities.

The Board has remanded the claims for service connection for a low back disability and left ear hearing loss due to inadequate development. The case will be reviewed again with additional medical opinions.

The Board has granted service connection for the Veteran's low back disorder, left hip disorder, and right hip disorder. However, it denied service connection for his left shoulder disorder and right shoulder disorder.

The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The right lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy are each rated at 40 percent.,Service connection for cervical spine disability, right upper extremity radiculopathy secondary to cervical spine disability, and left upper extremity radiculopathy secondary to cervical spine disability is remanded. The Veteran's TDIU claim is also remanded.

The Board has determined that there were duty to assist errors prior to the January 2020 rating decision on appeal and remands the case for further development.