Back / lumbar spine decisions — 2022

The Board has granted a TDIU from December 29, 2014. The appeal for a rating in excess of 10 percent for left foot traumatic arthritis is remanded due to the need for addendum opinions regarding the nature and current level of severity of his left foot disability.

The Veteran's claim for an increased disability evaluation in excess of 40 percent for lumbosacral strain with degenerative joint disease has been denied. The evidence does not show unfavorable ankylosis or IVDS, and the rating assigned is already at its maximum level.

The Board has remanded the case due to new and material evidence having been received for service connection of a back condition. The left ankle disability remains at a noncompensable rating.

The Veteran's back disability is rated at 50 percent, but no higher. His right and left lower extremity radiculopathy are both rated at 20 percent.

The Board has decided to remand the claims for service connection of a low back disability and left hip disability due to inadequate examination reports. The Veteran's disabilities are being evaluated as secondary to her service-connected bilateral knee disabilities and right hip trochanteric bursitis.

The Veteran's persistent depressive disorder is rated at the highest possible level (100%), and his GERD is denied. The lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy are all granted with specific ratings.

The Veteran withdrew his appeals for service connection for low back disability, tinnitus, and right wrist disability. The Board dismissed the appeals as a result.

The Board denied the Veteran's claims for service connection for various conditions, including back condition, hypertension, left hip and right hip conditions, skin disorder, erectile dysfunction (ED), and non-healing surgical wound. The appeals were not granted.,The Veteran's claim for an initial rating in excess of 70 percent for PTSD was denied, as the disability has been productive of no more than occupational and social impairment with deficiencies in most areas.,The Veteran's CAD was rated at 60 percent since March 23, 2015, due to renal dysfunction with constant proteinuria (albuminuria) and persistent edema. Prior to that date, the disability was rated as noncompensable.,The Veteran's urinary infrequency and diabetic nephropathy were granted a 60 percent rating since March 23, 2015, due to renal dysfunction with constant proteinuria (albuminuria) and persistent edema. Prior to that date, the disability was rated as noncompensable.,The Veteran's bilateral hearing loss disability was denied an initial compensable rating.,The Veteran's left lower extremity peripheral neuropathy of the sciatic nerve was granted a 20 percent rating since November 4, 2016. Prior to that date, the disability was rated as noncompensable.,The Veteran's right lower extremity peripheral neuropathy of the sciatic nerve was denied an initial compensable rating prior to November 4, 2016 and granted a 20 percent rating since that date.,The Veteran's left lower extremity peripheral neuropathy of the femoral nerve was denied an initial compensable rating prior to November 4, 2016 and granted a 20 percent rating since that date.,The Veteran's right lower extremity peripheral neuropathy of the femoral nerve was denied an initial compensable rating prior to November 4, 2016 and granted a 20 percent rating since that date.,The Veteran's right lower extremity peripheral neuropathy of the musculocutaneous (superficial peroneal) nerve was denied an initial compensable rating.,The Veteran's skin disorder was not service-connected, as it is not considered to be a result of disease or injury incurred in or aggravated during active duty or caused by a service-connected diabetes mellitus.,The Veteran's ED was not service-connected, as it is not considered to be a result of disease or injury incurred in or aggravated during active duty or caused by a service-connected diabetes mellitus.,The Veteran's non-healing surgical wound was not service-connected, as it is not considered to be a result of disease or injury incurred in or aggravated during active duty or caused by a service-connected diabetes mellitus.

The Veteran's lumbar spine disability and right lower extremity radiculopathy are being remanded for further development due to the complexity of the issues.

The Board has denied service connection for lumbar spine degenerative disc disease, left lower extremity radiculopathy, and right knee condition as the evidence does not support a finding that these conditions are related to active duty.

The Board has denied the Veteran's claims for service connection for a back disability and a right knee disability, finding that there is no persuasive evidence linking these conditions to his military service.

The Veteran's appeal for higher ratings and effective dates was denied. The left knee issues were addressed, with a 10 percent rating granted for instability and a 10 percent rating for symptomatic removal of semilunar cartilage. Right and left lower extremity radiculopathy issues resulted in 20 percent ratings effective January 22, 2015, but no higher ratings were granted. The Veteran's TDIU claim was denied, as he did not meet the criteria for a combined rating of at least 60% due to service-connected disabilities.

The Board has determined that the remand instructions have not been completed as directed and another remand is necessary to obtain addendum opinions regarding the Veteran's cervical spine conditions.

The Veteran's back disorder was not shown in service or for many years thereafter and is not related to service. The claim for service connection for the Veteran's back disorder is denied.

The Veteran's claims for service connection have been reopened, but the Board finds that further development is needed to determine if he incurred his current shoulder and back disabilities during service. The claim for service connection of the feet remains pending.

The Veteran's lumbar spine disability is rated at 20 percent for the initial rating period prior to January 2, 2020 and from January 2, 2020 onwards. The Board has remanded all issues related to the entire rating period on appeal.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, severe burn injury, ALS. Therefore, the claim for financial assistance in the purchase of an automobile and adaptive equipment is denied.

The Board has remanded the Veteran's claims for additional development due to the need for a VA examination and medical opinion concerning his claimed disorders.

The Board has granted service connection for coronary artery disease due to exposure to herbicide agents under the PACT Act.,The Veteran's claim for diabetes is denied as there is no current diagnosis of diabetes.

The Board has remanded the case due to incomplete service records, specifically those from Germany in 1978. The Veteran's claim for a back disability will be reconsidered with these records.