Back / lumbar spine decisions — 2022

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 30 percent, and a higher rating in excess of 30 percent is denied.

An initial disability rating of 20 percent, but no higher, for lumbosacral strain is granted prior to September 24, 2021. Separate ratings of 10 percent are granted for radiculopathy of the left and right legs associated with the lumbar spine.,Since September 24, 2021, a disability rating in excess of 20 percent for lumbosacral strain is denied.,An initial disability rating of 20 percent, but no higher, for cervical strain is granted prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 20 percent for cervical strain is denied.,Initial ratings in excess of 20 percent for peripheral neuropathy of the right and left upper extremities are denied.,An initial disability rating in excess of 30 percent for bilateral pes planus is denied prior to September 24, 2021. Since September 24, 2021, a disability rating in excess of 50 percent for bilateral pes planus is granted.,Service connection for chest pain has already been awarded as a manifestation of the Veteran's service-connected costochondritis.,The appeal for TDIU is dismissed.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, consistent with his education background and work history. The Board has granted the TDIU on an extraschedular basis.

The Veteran's TDIU and SMC claims are remanded due to the need for clarification on range of motion testing results from a previous VA examination.

The Board has remanded the Veteran's claims for low back disability, respiratory disability, and bilateral upper and lower extremity peripheral neuropathy due to presumed exposure to herbicidal agents. The Veteran was not provided with VA examinations for these claims.

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

The Board has denied service connection for low back/spine and cervical spine disabilities, finding no evidence of in-service injury or illness related to these conditions. The Veteran's current diagnoses are not linked to his military service.

The Veteran's appeal of several service connection claims, including for tinnitus, back disability, knee disabilities, headaches, and sleep apnea, is dismissed. The Board finds that the evidence does not support a finding that any of these conditions began during or are otherwise related to service.

For the rating period from March 12, 2013 to March 6, 2018, an increased disability rating in excess of 20 percent for the lumbar spine disability is denied.,For the rating period from March 6, 2018 to February 10, 2020, an increased disability rating in excess of 40 percent for the lumbar spine disability is denied.,For the rating period from February 10, 2020 forward, an increased disability rating in excess of 20 percent for the lumbar spine disability is denied.

The Board has remanded the case due to failure to comply with prior remand directives, specifically regarding the Veteran's report of back pain since service and lack of contemporaneous treatment records.

The Board has remanded several claims for further development, including those related to the Veteran's lumbar spine disability and bilateral lower extremity radiculopathy. The issues of service connection for a neurologic disability associated with his back disability, as well as effective dates for various grants of benefits, have also been remanded.

The Veteran's claims for increased ratings are being remanded due to the need for new VA examinations based on additional medical records obtained.

The Board has determined that the Veteran's claims for various disabilities, including lumbar spine strain with degenerative joint disease, left ear hearing loss, right ear hearing loss, and knee, foot, and hand disabilities, require additional evidence due to outstanding VA medical records. The appeal is remanded to obtain these records.

The Veteran's service-connected degenerative arthritis of the hands, lumbar spine degenerative disc disease (DDD), left lower extremity radiculopathy of the sciatic nerve, and cervical spine spondylosis (neck disability) have been granted higher initial ratings as of January 1, 2012.

The Board has remanded the claims for rating in excess of 20 percent for a lower back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient discussion of functional loss and lack of adequate medical opinion.

The Board determined that the Veteran's service-connected disabilities, including lumbar strain with degenerative arthritis and disc disease, right lower extremity sciatic radiculopathy, right lower extremity femoral radiculopathy, left lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, left hip limitation of flexion, left hip limitation of adduction, left hip limitation of extension, and cervical strain with spondylosis, are sufficient to grant a 100 percent combined rating. However, the Board found that the Veteran is not entitled to TDIU because his disabilities do not prevent him from maintaining any substantially gainful employment.

The Veteran's back disability is rated at 40% effective May 1, 2019. The reduction from 20 to 10 percent for the back disability as of September 21, 2015, was improper and the 20 percent rating is restored.

The Veteran's service-connected disabilities have not prevented him from obtaining and maintaining substantially gainful employment, thus the claim for TDIU is denied.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 20 percent from April 10, 2009 and a disability rating in excess of 40 percent from July 8, 2015 for degenerative joint disease of lumbar spine. The remand includes obtaining missing VA treatment records, verifying chiropractic treatment authorization, and determining if the Veteran has functional ankylosis.

The Veteran withdrew all his remaining appeal issues, including service connection for bipolar disorder and ratings for PTSD, lumbar spine disability, bronchial asthma, and left hip disability. The appeal is dismissed.