Back / lumbar spine decisions — 2022

The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, effective June 13, 2022. This rating reflects the severity of her condition as determined by VA examination.

The Veteran's service connection claim for rhinitis, claimed as a respiratory disorder, is granted. The remaining claims are remanded due to the need for additional medical opinions and records.

The Board has denied the Veteran's claim for service connection for right elbow arthritis and remanded his claims for service connection for degenerative disc disease of the lumbar spine and increased rating for neuropathy of the ulnar nerve and right musculocutaneous nerve.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity, as well as his claim for TDIU prior to March 5, 2020, were denied. The Board found that a rating higher than 20 percent is not warranted for the Veteran's lumbosacral strain, and a rating higher than 10 percent is not warranted for his radiculopathy of the left lower extremity.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a finding of right ear hearing loss prior to April 1, 2022, and denied his claim for service connection for radiculopathy, sciatic nerve, right lower extremity. His claims for increased ratings for degenerative arthritis of the lumbar spine with IVDS were also denied.

The Board denied service connection for a low back disability, deviated septum, residuals of concussion (including TBI), Parkinson's disease, and right ear hearing loss.,There is no evidence linking these conditions to service.

The Board has remanded the issue of service connection for a lumbar spine disability due to insufficient reasoning in the March 2021 VA examiner's opinion. The Veteran contends that his current lumbar spine disability is related to his duties as a supply specialist during service.

The Board has decided to remand the cases for additional development due to incomplete examinations and other issues.

The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance of another person due to his service-connected disabilities, finding that he is not unable to perform basic self-care functions or be in need of regular aid and assistance from others. The Board also found no evidence of housebound status.

The Board has remanded the Veteran's claims for service connection of back and left hip disabilities due to new evidence presented regarding obesity as an intermediate step between PTSD and these conditions.

The Board has granted service connection for calcified granulosis, bladder cancer, and low back disability. The claim for bilateral hearing loss is remanded.

The Veteran's service-connected disabilities do not result in him being unable to secure and follow a substantially gainful occupation, as his physical limitations are already compensated for by the schedular ratings.

The Veteran's claims for increased ratings for his service-connected cervical and lumbar spine disabilities are being remanded due to the need for additional medical opinions regarding the severity of his symptoms during flare-ups.

The Veteran's appeal for an increased rating of lumbar spondylolisthesis L5-S1 with spondylolysis was denied, and the claim for service connection of obstructive sleep apnea (OSA) is remanded due to insufficient evidence regarding its etiology.

The Veteran's appeal for an increased evaluation for PTSD was dismissed.,Service connection for right knee pain and arthritis, left knee pain and arthritis, and lumbar spine condition were granted.

The Board has determined that a remand is necessary to obtain updated VA and private treatment records, schedule appropriate VA examinations, and consider the Veteran's claims for increased ratings for thoracolumbar strain with degenerative changes.

The Veteran's claims of service connection for Obstructive Sleep Apnea, compensable ratings for Right Ring Finger Surgical Scar and Right Finger Disability, and a rating greater than 10 percent for Back Disability are remanded due to the need for additional medical opinions.

The Veteran's appeal for TDIU benefits is being remanded due to the need for additional VA examinations and consideration of new evidence. The case will be returned to the AOJ for issuance of a supplemental statement of the case.

The December 23, 1996 rating decision reopened and granted service connection for residuals of a low back injury.

The Veteran's appeal for a rating in excess of 40 percent for lumbar DDD and spondylosis was dismissed. A TDIU prior to December 1, 2020 is granted. The case is remanded for consideration of an extraschedular TDIU from December 1, 2020.