Back / lumbar spine decisions — 2022

The Veteran's appeal for a higher initial rating in excess of 20 percent for the service-connected lumbar spine disability was denied. The Board found that the evidence did not support a finding of forward flexion of the thoracolumbar spine at 30 degrees or less, which is required for a higher rating.

The Veteran's claim for an initial rating higher than 10 percent for lumbar spondylolisthesis with IVDS is denied. The claims for initial ratings of 10 percent for radiculopathy of the left and right lower extremities are granted.

The Board has remanded the Veteran's claims for bilateral hearing loss, increased evaluations for lumbosacral strain and cervical spine disabilities due to insufficient development.

The Veteran's appeals for an evaluation in excess of 40 percent for lumbar intervertebral degenerative disc disease with right sciatica and radiculopathy, and service connection for a left knee condition have been dismissed due to the Veteran's request to withdraw these appeals.

The Board has remanded the claims for service connection for bilateral hearing loss, low back disability, right knee condition, and left knee condition due to inadequate VA examinations.

The Veteran's lumbar spine disability was denied for ratings in excess of 20 percent prior to June 18, 2022 and in excess of 40 percent thereafter.

The Board has remanded the issues of service connection for lumbosacral strain with DDD, bilateral lower extremity sciatic nerve radiculopathy, and a rating in excess of 10 percent prior to March 16, 2020 for lumbosacral strain with DDD. The Veteran's claim for these issues is currently pending.

The Veteran's claim for service connection of a lumbar spine disorder is being remanded due to the submission of new and relevant evidence. The AOJ will readjudicate the case, but must obtain private treatment records from specific physicians mentioned in the record.

The Board has remanded the Veteran's claims for cervical spine arthritis, mild lumbosacral strain with an old healed fracture of the distal sacrum, and right hip degenerative joint disease (DJD) due to duty-to-assist errors in obtaining updated medical records and conducting new examinations.

The Board has decided that the Veteran's chronic low back condition may be related to his military service or to a pre-existing right knee condition, but needs further examination to determine this.

The Veteran's claims for service connection for early onset peripheral neuropathy and intervertebral disc syndrome, thoracolumbar spine have been granted with effective dates of May 25, 2016, and February 17, 2019, respectively.

The Veteran withdrew their appeals for service connection and a higher rating, so the cases are dismissed.

The Veteran's spouse, L.H., is the caregiver and has been providing personal care services for him. The Board found that participation in the PCAFC would significantly enhance his ability to live safely at home. However, the claim was remanded due to incomplete caregiver training and assessment.

The Veteran's claim for a higher rating for his degenerative arthritis of the lumbar spine and right lower extremity radiculopathy has been denied. The Board found that the evidence does not support an increased rating beyond 40 percent.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities are rated at 40 percent, which is the maximum rating available under the applicable VA rating criteria. The appeal for higher ratings has been denied.

The Board dismissed the Veteran's appeals for earlier effective dates because he did not identify specific decisions with which he disagreed.

The Veteran's claims for an earlier effective date and increased rating for his lumbar spine disability were denied. The Board found that the Veteran did not file a claim prior to January 28, 2011, for service connection.

The Board has dismissed the appeals for service connection of lumbar spine, left knee, and right knee disabilities due to the appellant's death.

The Veteran's lumbar spine disability was previously rated at 20 percent, but the Board found that it did not meet the criteria for an increased rating in excess of 20 percent from December 6, 2021.

The Board has remanded the claims for further development due to duty-to-assist errors and inextricably intertwined issues.