Back / lumbar spine decisions — 2022

The Board has remanded the claims for an initial rating higher than 20 percent for the lumbar spine disability prior to March 17, 2014; a rating higher than 40 percent for the lumbar spine disability from March 17, 2014; and for initial ratings higher than 10 percent for right and left hip bursitis based on limitation of extension and flexion.

The Veteran's initial rating for migraine headaches is denied as they do not meet the criteria for a higher rating.,For his lumbar spine disability, ratings greater than 10%, 20%, and 40% are denied from November 20, 2015 to June 15, 2021; June 15, 2021 to December 9, 2021; and December 9, 2021 to the present respectively.

The Veteran's back disability and bilateral lower extremity radiculopathy are currently rated at the highest available compensable levels (40 percent for back disability, 10 percent each for bilateral lower extremity radiculopathy). The Board has determined that these ratings adequately reflect the severity of his service-connected conditions.

The Board has determined that new examinations are needed to assess the current severity of the Veteran's low back disability and left wrist carpal tunnel syndrome due to the Veteran's testimony suggesting worsening symptoms.

The Board has granted the Veteran's claim for service connection for a back disability, to include back spasms with painful motion. The evidence shows that the Veteran had in-service complaints of back pain and was diagnosed with sacroiliac and lumbar degenerative arthritis with bulging disc disease and retrolisthesis of L5 on S1. A medical opinion supports the finding that his current condition is related to service.

The Veteran's service-connected degenerative arthritis of the low back is granted an increased evaluation to 40 percent prior to July 2, 2015.

The Veteran's service-connected disabilities rendered him unable to obtain and/or maintain substantially gainful employment, entitling him to a TDIU.

The Board has remanded the case for further development, including obtaining updated VA clinician records and scheduling a medical opinion to address whether the Veteran's IBS (diagnosed in 2020) and/or GERD (September 2015) is/are related to service. The appeal remains pending.

The Board has remanded the claims for service connection for a low back strain and TDIU due to missing VA treatment records. The Veteran must provide all relevant medical records from non-VA facilities.

The Board denied service connection for lumbar spine disorder and bilateral hip replacement secondary to the lumbar spine disorder, finding that the Veteran's conditions are not related to his military service.

The Board has dismissed the Veteran's appeals for various rating claims related to his knee, hip, and radiculopathy conditions. The issues were not pursued further as the Veteran withdrew his appeal.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for additional evidence. The issues include back disability, right leg sciatica, left leg sciatica, right shoulder disability, left shoulder disability, left hip disability, right knee disability, left knee disability, right ankle disability, and left ankle disability.

The Board has remanded the claims for hypertension, lumbar spine disability, right shoulder disability (secondary to left shoulder), right lower extremity radiculopathy, and left lower extremity radiculopathy due to insufficient examination reports and need for further development.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, qualifying him for financial assistance in acquiring specially adapted housing (SAH). The claim for a special home adaptation (SHA) grant is denied as moot.

The Veteran's claims for increased ratings for migraine headaches, right shoulder degenerative arthritis, and lumbar spine disability were denied. The Veteran was granted a 30% rating for her right shoulder condition effective September 1, 2011.

The Board has remanded the Veteran's claims for an increased rating and TDIU prior to May 24, 2017 due to insufficient examination reports from December 2007 to August 2019. The Veteran is seeking higher ratings for his service-connected lumbar back disability.

The Veteran's claims for service connection for broken and chipped teeth, a broken upper and lower jaw, a fractured and broken nose, and fractures of the bilateral hands have been dismissed.,Service connection for a low back disorder was denied as it is not causally or etiologically related to service.

The Board denied service connection for a back disability, left hip disability, and psychiatric disability (including PTSD), finding that the current disabilities are not causally related to service.,There was no chronic or continuous symptoms of these conditions during or after service.

The Veteran's service-connected conditions, including major depressive disorder and orthopedic disabilities, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU on schedular basis as he meets the criteria for one disability rated 60% or more and at least one disability rated at 40% or more with sufficient additional disability.

The Board has decided to remand the Veteran's claims for service connection due to non-compliance with previous remands and potential issues in communication.