Back / lumbar spine decisions — 2022

The Board has remanded the claims for a rating in excess of 10 percent prior to June 1, 2014, and in excess of 40 percent from July 17, 2014, (exclusive of a period of assigned temporary total rating from May 8, 2013, to June 1, 2014) for service-connected lumbar degenerative joint and disc disease; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for right lower extremity (RLE) radiculopathy; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for left lower extremity (LLE) radiculopathy; and a TDIU prior to March 6, 2013. The remand requires obtaining current findings as to the severity of the Veteran's service-connected back disability with associated radiculopathy and retrospective medical findings.

The Veteran's hypertension is rated at a 10 percent disability rating, effective from the date of decision.,For her low back disability, she was granted a 20 percent disability rating prior to March 26, 2013 and a 40 percent disability rating thereafter. The appeal for higher ratings remains denied.,The Veteran's PTSD is rated at a 70 percent disability rating.

The Board has granted the extension of a temporary total evaluation for convalescence following surgery associated with a service-connected lumbosacral spine disability through September 30, 2017. The case is remanded for further action regarding an extension beyond this date and for a VA examination to assess the current severity of the Veteran's lumbar spine disability.

The Board has granted service connection for left hip osteoarthritis and trochanteris pain syndrome, low back strain, right hip degenerative arthritis and trochanteris pain syndrome, and left shoulder strain.,Service connection is established for the appellant's preexisting left hip disorder as aggravated by a period of ACDUTRA.

The Board has granted service connection for residuals of cervical discectomy, a back condition (degenerative arthritis, degenerative disc disease, spinal stenosis, and residuals of lumbar laminectomy), and right foot degenerative arthritis and residuals of 3rd MTP joint surgery. The conditions are found to be related to the Veteran's service.

The Board denied service connection for a back condition and remanded the issues of entitlement to a compensable disability rating for right ankle disability and service connection for right knee osteoarthritis.

The Board has remanded the case due to the Veteran's failure to report for VA examinations scheduled in February, September, and November of 2022. The appeal is now pending again.

The Veteran's low back disability was manifested by forward flexion limited to 30 degrees prior to January 22, 2016. The Board granted a 40 percent rating for the lumbar spine condition.

The Veteran's claims for increased disability ratings and service connection were granted effective October 3, 2017. The effective date was determined based on the date of increase in severity of his disabilities.

The Board has determined that the VA's previous remand directives regarding the issue of service connection for a lumbar spine disability have not been substantially complied with. The case is being returned to the AOJ for further development and consideration.

The Veteran's claim for a higher rating for his back disability is denied. The issue of right lower extremity radiculopathy associated with service-connected degenerative disc disease with intervertebral disc syndrome is remanded.

The Board has granted the Veteran's claim for service connection for a back disability, to include pain, finding that the evidence is approximately balanced as to whether her current condition had its onset during service. The decision grants this claim.

The Veteran's appeal for SMC based on need for aid and attendance is remanded due to the passage of time since his last VA examination, additional service-connected disabilities granted, and the need for a new examination.

The Board has denied the Veteran's claims for service connection for neck and back disabilities as secondary to his service-connected syringomyelia. The VA examiners concluded that there is no nexus between the Veteran's claimed conditions and his service-connected condition.

The Board has granted a TDIU on a schedular basis effective December 20, 2021. The issue of entitlement to a TDIU prior to that date is remanded due to the need for additional development.

The Board has remanded the Veteran's claims for increased ratings due to deficiencies in the prior examinations and lack of clarity regarding certain terms used by the Board.

The Veteran is granted a total disability rating based on individual unemployability due to his service-connected physical disabilities, which have rendered him unable to secure or follow substantially gainful employment since July 29, 2014.

The Board has reopened the Veteran's claims for service connection for residuals of a head injury including headaches and residuals of an upper back injury. The claims are now remanded to secure additional medical opinions.

The Veteran's claim for a higher rating for his lumbosacral strain, including degenerative disc disease and foraminal stenosis, is granted for the appeal period prior to March 20, 2012. For the appeal period after March 20, 2012, the claim remains denied.

The Board denied service connection for a low back disability and left eye vision loss, but granted service connection for left eye vision loss.