Back / lumbar spine decisions — 2022

The Board has remanded the claim for service connection of a back disability, to include as secondary to or aggravated by service-connected residuals of right inguinal hernia repair. The Veteran is seeking service connection for a back disability that may be related to his service-connected inguinal hernia.

The Veteran's claim for service connection for a left hip condition is dismissed as she is already in receipt of benefits based on her service-connected left pelvis stress fracture residuals. The Board finds that the Veteran does not have a separate diagnosed left hip condition.

The Veteran's service-connected disabilities rated at least 70 percent combined throughout, but the Board found that they do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and experience.

The Board has decided to remand both the Veteran's claims for an acquired psychiatric disability, including PTSD and MDD, and a back disorder. The reasons are that factual errors were found in the previous opinions and new evidence is needed.

The Board has remanded the appeals for scheduling of VA examinations to assess the current severity and functional impairment of various service-connected disabilities, including right knee osteoarthritis, left knee strain, bilateral pes planus with calcaneal spurs, right foot hallux valgus, left foot hallux valgus, cervical spine disability, lumbar spine disability, bladder dysfunction, and bowel dysfunction.

The Board has remanded the Veteran's claims due to non-compliance with previous remand directives and the need for additional VA examinations.

The Veteran's lumbar spine disability is rated at 20 percent prior to April 17, 2021 and denied for a rating in excess of 40 percent since that date. His cervical spine disability is also rated at 20 percent since April 17, 2021 and denied for a higher rating.

The Veteran's appeals for service connection and initial ratings have been dismissed due to the Veteran's withdrawal of these issues prior to a Board decision.,Issues related to left elbow, right elbow, scrotal area, right eye, lumbar spine, left lower extremity nerve, right lower extremity nerve, and left hip disabilities are remanded for further review.

The Veteran's service-connected back and sciatic nerve radiculopathy conditions have resulted in the loss of use of his bilateral lower extremities, including his feet. As such, he is eligible for financial assistance in purchasing an automobile or adaptive equipment.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claim of entitlement to service connection for a lumbar spine disorder, as well as remanded the issues of lung cancer and SMC based on aid and attendance or housebound.

The Board has determined that there were duty to assist errors in the prior decision and has remanded the claims for further development.

The Veteran's service-connected PTSD, fibromyalgia, lumbar spine disability, bilateral knee conditions, tinnitus, dermatitis, and erectile dysfunction require regular aid and attendance due to mental health issues. The Board granted special monthly compensation (SMC) based on the need for regular aid and attendance.

The Veteran's claims for service connection for a back condition, fibromyalgia, pre-diabetes, swelling of the lower extremities, and swelling of the upper extremities were denied. The Board found no evidence linking these conditions to service or any other relevant factor.,There is no current disability related to the claimed conditions.

Your appeal for service connection for a back disability has been dismissed because the AOJ granted it as secondary to your already service-connected right knee disability in October 2020.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for clarification regarding functional loss or impairment with repeated use over time.

The Veteran's claims for increased disability ratings for his degenerative changes cervical spine with intervertebral disc syndrome and degenerative joint disease thoracolumbar spine with intervertebral disc syndrome disabilities are being remanded due to the need for additional development, including obtaining private treatment records and scheduling an examination.

The Veteran was granted a TDIU from March 5, 2008 to July 28, 2021 due to service-connected lumbar spine disability and bilateral lower extremity sciatic nerve radiculopathy. The Board found that the Veteran's back disability alone prevented him from maintaining substantially gainful employment during this period.

The Veteran's low back disability is rated at 20% from September 28, 2012 to August 5, 2020 and at 40% thereafter. The left knee disability is rated at 30% for instability since January 28, 2013 and at 20% for locking and effusion since May 12, 2015. Bilateral great toe arthritis is rated at 20%. Service connection was granted for these conditions.

The Veteran's initial claim for a higher rating for degenerative disk disease of the lumbar spine was granted, with an effective date of November 2, 2007. The Veteran also received separate ratings for right and left lower extremity radiculopathy associated with his lumbar spine condition. His benign prostatic hypertrophy with urgency and frequency is rated at a 10 percent disability rating since August 6, 2020.

The Veteran's claims for service connection for cervical and lumbar spine conditions have been remanded due to the need for additional medical opinions.