Back / lumbar spine decisions — 2022

The Veteran's TDIU and SMC at the housebound rate have been granted due to his service-connected disabilities, including PTSD, headaches from TBI, low back strain, bilateral hearing loss with nonsuppurative otitis media, diabetes mellitus with nephropathy and erectile dysfunction, diabetic retinopathy, peripheral vascular disease, peripheral neuropathy, hemorrhoids, residuals of TBI, and other conditions.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations and records.

The Board has decided to remand two issues: one regarding service connection for a cervical spine condition related to the Veteran's lumbar spine condition, and another regarding the rating of his degenerative arthritis of the lumbar spine. Both issues require further examination and opinion from VA examiners.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher rating, as it showed no more than forward flexion of the thoracolumbar spine at 30 degrees prior to April 30, 2015 and at 50 degrees after April 30, 2015.

The Board has remanded the claims for increased ratings and an earlier effective date due to outstanding private treatment records. The appellant is asked to provide authorization for Dr. Miller's records using the Veteran's name and date of birth.

The Board has determined that additional evidence is needed to decide the claims for service connection for PTSD, costochondritis, back condition, hearing loss, abdominal pain, hemorrhoids, traumatic brain injury (TBI), left ankle condition, and right knee strain. The Veteran's VA generated evidence will be reviewed in a Supplemental Statement of the Case.

The Board denied service connection for various disabilities, including left knee disability, back disability, left foot disability, right foot disability, right ankle disability, hepatitis C, and arthritis. The evidence did not show a nexus between any of these conditions and service.

The Veteran's claim for a rating in excess of 10 percent for service-connected thoracolumbar spondylosis is remanded due to insufficient evidence from the last examination. The TDIU claim is also remanded as it may be impacted by any future disability ratings assigned.

The Board has decided to remand the cases for additional development due to the need for authorization and request of private records, as well as for VA examinations.

The Veteran's appeals for higher ratings and earlier effective dates have been withdrawn.,The reduction of the disability rating for thoracolumbar myofascial strain with IVDS from 40 percent to 20 percent was improper, and the rating is restored. The issues regarding TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.

The Board has remanded the claims of service connection for low back disability, difficult childbirths, menstrual disorder leading to a hysterectomy, and chronic fatigue disorder due to additional evidence being added to the record since the February 2022 Supplemental Statement of the Case.

The Veteran's application to reopen the previously denied service connection claims for fallen arches and right knee condition was granted.,Service connection for skin rash, bilateral flat feet, degenerative arthritis of the lumbar spine, right knee DJD, left knee DJD, right ankle tendonitis, and left ankle tendonitis is also granted.

The Board has granted service connection for a low back disability, finding that it was aggravated by the Veteran's already-service-connected right lower extremity disability.

The Board has granted service connection for low back, left shoulder, left hip, and left knee disabilities. The right hip and right knee disabilities are denied as secondary to the other disabilities.

The Veteran's lumbar spine disability is granted a 50 percent rating, effective from September 11, 2008. The right lower extremity radiculopathy remains at a 20 percent rating.

The Veteran's appeal involves multiple service-connected disabilities, including PTSD, major depressive disorder, degenerative disc disease of the lumbar spine, type II diabetes mellitus, peripheral neuropathy, and knee conditions. The Board has determined that additional development is needed to address these issues.

The Board has remanded the case for an additional VA medical opinion to determine if the Veteran's back condition is related to his active service, including in-service complaints of back pain and wear and tear from his MOS duties as a construction equipment repairer. The opinion should also address whether the Veteran's current back condition began during active service or within one year of separation.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including left rotator cuff tendinosis, gastroesophageal reflux disease (GERD), lumbar strain disability, cervical spine strain, and right foot hammer toes. The Board has identified discrepancies in the effective dates for GERD ratings and requests additional information from VA examiners who provided opinions and examination reports.

The Board has dismissed the Veteran's appeals for service connection of Hepatitis C, IBS, lower back disability, and left knee disability due to his withdrawal from appeal.

The Board has remanded the claim of service connection for a low back disability due to lack of substantial compliance with previous remand directives. The Veteran was notified that his attendance at the scheduled VA examination was optional, which does not comply with the previous remand.