Back / lumbar spine decisions — 2022

The Veteran's initial ratings for right shoulder sprain and back condition have been denied. However, a rating of 40 percent has been granted for the back condition from February 22, 2016.,From June 26, 2014 to February 22, 2016, the Veteran's initial ratings for right shoulder sprain and back condition have not met the criteria for higher ratings.

The Board has determined that the Veteran does not have a current lumbar spine disability, bilateral foot disability, respiratory disability, sleep apnea, acquired psychiatric disorder, or left hip disability that was incurred in or otherwise the result of active service.,For the left ankle disability, the Board finds that there is no evidence of a current disability and the VA examiner's opinion does not support a finding of an injury during service.

The Veteran's low back disability and chronic respiratory condition are now service connected. The neck condition is remanded for a VA examination to determine if it is related to the service-connected low back disability.

The Board has remanded the case due to evidentiary deficiencies and procedural issues, including failure of the Veteran to appear for a VA examination. The claim will be reconsidered with updated medical evidence and further evaluation.

The Veteran's left knee disability is denied as not incurred in or due to service. The Veteran's back disability, rated at 20 percent prior to April 7, 2022 and 40 percent thereafter, is granted with a rating of 40 percent.

The Veteran's service-connected lumbar spine disability and surgical scar, L5-S1 fusion do not meet the criteria for a TDIU on an extraschedular basis prior to October 9, 2019. The Board found that his other nonservice-connected physical disorders contributed to his retirement.

The Board has remanded the claims for increased ratings and TDIU due to incomplete examinations, lack of cooperation from the Veteran, and outstanding evidence.

The Board has remanded the Veteran's claims for additional development due to the need for medical examinations to determine the nature, onset and etiology of his diagnosed conditions.

The Veteran's low back condition has been granted service connection.,The request to reopen the claim of entitlement to service connection for any right knee/right leg condition is granted, and a remand is ordered due to new theory of secondary service connection.

The Veteran's appeal for increased ratings and service connection was denied. The case is remanded for further action on the issues of service connection and TDIU.

The Veteran's service-connected left ankle degenerative joint disease (recharacterized) is rated at 20 percent effective March 7, 2014. The Board finds that the Veteran meets the criteria for a TDIU based on his multiple service-connected disabilities.

The Board has decided to remand the case due to questions regarding whether the Veteran's back condition pre-existed service and was aggravated by service. Further development is needed, including obtaining an addendum opinion from a clinician.

The Board has granted service connection for lumbar spine, right knee, and left knee disabilities. The Veteran's acquired psychiatric disorder is remanded for a new examination.

The Veteran's lumbar spine disability was rated at 40 percent disabling for the period prior to November 1, 2017. Since then, his symptoms have improved, and he is now rated at 40 percent.

The Board has found that the VA examinations and opinions obtained were inadequate for the issues on appeal. The Veteran's service records need to be verified, and additional medical opinions are required.

The Veteran's lumbar strain is granted a 20% rating from October 29, 2014 to March 31, 2022. A 40% rating is granted since March 31, 2022 for the same condition. The Veteran's right and left lower extremity radiculopathy are each rated at 20%. Service connection for cervical spine disability is remanded.

The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment as of August 22, 2013. The Board has remanded the issue for referral to the Director of Compensation Service for extra-schedular consideration.

The Board has determined that the Veteran's lumbar spine disability, which required surgery and was related to his service-connected lower extremity radiculopathy due to cold injuries sustained in service, contributed significantly to his cause of death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's lumbar spine DDD is rated at 40 percent, which is the maximum rating available. The Board denied a higher rating as there was no evidence of unfavorable ankylosis or incapacitating episodes due to IVDS. Service connection for sleep apnea and tinnitus were granted as secondary to obesity and active-duty service, respectively.

The Board has remanded the case for a determination on whether the Veteran is entitled to TDIU benefits due to his service-connected disabilities, as it may be an issue of unemployability rather than disability rating.