Back / lumbar spine decisions — 2022

The Veteran's claims for increased ratings for tinnitus, lumbosacral strain, and left thigh impairment are being remanded due to the need for additional medical examinations.

The Veteran is entitled to an effective date of June 19, 2006 for SMC based on aid and attendance due to his service-connected disabilities that require regular aid and assistance.

The Board has decided to remand the claims for service connection for DDD of the lumbar spine and a left shoulder disability due to inadequate medical opinions in prior decisions. The Veteran's reports about his symptoms will be considered, along with any new evidence provided.

The Veteran's claim for a clothing allowance based on the use of a right foot orthotic device was denied because there is no record of him using such an orthotic in 2020 or 2021.

The Board denied service connection for left elbow residuals, acquired psychiatric disorder (unspecified trauma disorder/PTSD), low back disability, gastrointestinal disability, and Hepatitis B. The Veteran's claim for hearing loss was also denied.

The Veteran's appeals for increased ratings and TDIU/DEA benefits are dismissed due to the submission of a valid Notice of Disagreement within one year of the initial rating decisions. The issues will be addressed under the Legacy appeals system.

The Veteran's claim for a higher rating for his service-connected back disability is denied as the evidence does not support a finding of ankylosis or incapacitating episodes that would warrant a higher rating.,The Veteran's TDIU claim is dismissed because his combined disability rating has been at 100 percent since October 29, 2018. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) arises from the increased rating claims filed by the Veteran and not as an independent claim.

The Board denied service connection for back and neck disabilities, finding that the evidence did not support a link between these conditions and service.

The Board has denied service connection for an acquired psychiatric disorder and remanded the issue of service connection for a low back disorder. The Veteran's claims are currently under review.

The Veteran's lumbar spine disability is rated at 20 percent, effective October 7, 2020.,Initial ratings of 20 percent are granted for the left and right lower extremity sciatic nerve involvement, also effective October 7, 2020.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation, and therefore the claim for TDIU on an extraschedular basis was denied.

The Veteran withdrew his appeals for all issues related to the lumbar spine, GERD, migraine headaches, right knee chondromalacia, and left knee chondromalacia. The Board dismissed these claims.

The Board has remanded the case due to a duty to assist error in obtaining an additional VA examination for the Veteran's service-connected lumbar spine disability. The examiner is asked to estimate range of motion measurements at the time of the September 2012 and November 2015 examinations, including during flare-ups.

The Board denied service connection for a lumbar spine disability and degenerative arthritis of the spine, finding that there was no credible evidence to support the Veteran's claims.

The Board denied service connection for a back disability, finding that the evidence did not support an in-service onset or link to active duty service.

The Veteran's right knee, left knee and low back disabilities have been granted service connection. Residuals of neck surgery, osteoarthritis (multiple sites), psoriatic arthritis, and psoriasis are still under review.

The Veteran's claims for service connection of various conditions, including muscle and joint pain, essential tremor, right knee disability, asthma, low back disability, and left ear hearing loss are all granted. However, the effective dates for some of these grants have not been determined yet.

The Veteran's claims for service connection for obstructive sleep apnea, lumbar spine disability, and left knee disability are all granted. The rating of the left knee disability is remanded.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including scheduling a VA examination.

The Board has remanded the claims for service connection for back, right knee, left ankle, and right ankle conditions due to a lack of VA examinations and missing service treatment records. The Veteran's lay testimony will be considered in determining whether his current disabilities are related to service.