Back / lumbar spine decisions — 2022

The Veteran's major depressive disorder is granted a 70 percent rating, effective from the date of the decision. The reduction in the rating for degenerative disc disease of the lumbar spine was restored to 10 percent.

The Board has remanded the cases due to the Veteran's failure to report for a VA examination and his homeless status. The back disorder case is being returned for another VA examination, while the TDIU issue remains inextricably intertwined with the service connection matter.

The Veteran's back disability is rated at 20 percent for the entire period on appeal, and she was granted a total disability rating based on individual unemployability as of May 1, 2016.

The Veteran's claim for an effective date prior to October 26, 2020 for right lower extremity radiculopathy is denied.,The Veteran's claims for increased ratings for cold injury residuals of the right foot and left foot are remanded.,The Veteran's claim for a rating in excess of 20 percent for right lower extremity radiculopathy is remanded, as well as his claim for an initial rating in excess of 20 percent thereafter.,The Veteran's claim for a rating in excess of 10 percent for low back strain with degenerative disc disease prior to October 26, 2020, and in excess of 20 percent thereafter is remanded.,The Veteran's claim for service connection for sleep apnea is remanded.

The Board has determined that the Veteran's appeal for increased ratings and TDIU is remanded due to inadequate examinations, lack of updated treatment records, and inability to contact his former employer.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability and for TDIU before July 16, 2012 due to inadequate VA examinations regarding functional impairment during flareups.

The Board has remanded the Veteran's claims of service connection for a back disability and hepatitis C due to inadequate opinions in previous VA examinations. The case will be returned to the Board after further development.

The Veteran's service-connected back condition, neuropathy, and hearing loss prevented him from obtaining or maintaining gainful employment prior to October 7, 2019. The Board granted TDIU based on these conditions.

The Veteran's tinnitus had its onset during service and the Board has granted service connection for this condition. The Board also found that there is sufficient evidence to support a finding of in-service back pain, but did not find a direct link between the current back disorder and service. For the head disorder, the Board found insufficient evidence to establish a nexus with service.

The Board has decided to remand the case due to inadequate opinion regarding the Veteran's back disability, which was not discussed in detail as requested.

Your petition to reopen the claim of service connection for chronic pain, bilateral elbows has been granted.,The petition to reopen your claims for service connection for chronic pain, bilateral knees and chronic pain, bilateral hips have been granted.

The Veteran's claims for increased ratings for lumbar spine disability, right and left lumbar radiculopathy are being remanded due to the need for additional examinations.

The Veteran's service-connected disabilities do not render her unable to secure or follow a substantially gainful occupation, and the Board denied entitlement to a TDIU on an extraschedular basis.

The Veteran's left hip disability is currently rated as 10 percent disabling prior to November 3, 2015 and 20 percent thereafter. The Veteran's right knee sprain is rated as 10 percent disabling. The Veteran's left knee strain is rated as 20 percent disabling prior to November 4, 2021 and 30 percent thereafter. The Veteran's left knee instability is rated as 20 percent disabling. The Veteran's right knee instability is rated as 10 percent disabling. The Veteran's degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS) is currently rated as 40 percent disabling. The Veteran's left lower extremity radiculopathy is rated as 20 percent disabling from November 4, 2021 and 30 percent disabling prior to that date. The Veteran's migraine headaches are rated as 50 percent disabling from November 4, 2021.,The Veteran's left hip disability has been rated based on the extent of limitation of motion.

The Veteran's lumbar strain, status post discectomy, is remanded for additional development to obtain retrospective medical opinions regarding functional loss during flare-ups and after repeated use over time.

The Board has granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to the Veteran's active military service.

The Board has remanded three issues: service connection for a right ankle disorder, service connection for a lumbar spine disorder (including as secondary to the service-connected left knee disability), and service-connection for radiculopathy of the bilateral lower extremities. The remand is due to incomplete development and need for additional medical opinions.

The Veteran's degenerative disc disease of the lumbar spine with mild levoscoliosis of thoracic spine is currently rated at 20 percent, but does not meet the criteria for a higher rating as his symptoms do not warrant an increase to any higher schedular rating.

The Board has granted service connection for type 2 diabetes mellitus, finding that the Veteran's current diagnosis is at least as likely as not related to her in-service gestational diabetes. The claim for secondary service connection for lumbar spine disability due to a service-connected bladder disability remains pending and will be remanded.

The Board has determined that additional VA examinations are needed to provide sufficient rationale for the decision regarding the Veteran's claims, including functional loss due to flare-ups and repetitive use over time.