Back / lumbar spine decisions — 2022

The Board has decided to remand the Veteran's claims for service connection for a back disability, depression as secondary to a back disability, and alcoholism as secondary to a back disability due to insufficient evidence regarding the etiology of these conditions. The Veteran will need to undergo VA examinations to determine if his current diagnoses are related to his active service.

The Veteran's service-connected disabilities (lumbosacral strain, left knee patellofemoral syndrome with arthritis, right knee patellofemoral syndrome with arthritis, and right shoulder limitation of motion) rendered him unable to secure or follow a substantially gainful occupation from December 30, 2011, to July 30, 2014.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine was incurred during service and granted service connection for this condition.

The Veteran's thoracolumbar back condition is remanded due to the lack of verification for his Reserve and National Guard service, which may be pertinent to determining qualifying service.

The Veteran's claim for a higher rating for his lumbar spine disability was withdrawn. Service connection for an acquired psychiatric disorder, including depression, anxiety, and PTSD, is granted. The Veteran's right knee disabilities are rated at 10 percent from September 9, 2015, with a separate 20 percent rating for degenerative arthritis with meniscal tear and bursitis. His left knee disability has been rated at 10 percent since September 9, 2015. The Veteran's left lower extremity radiculopathy is also rated at 10 percent. Service connection for a left wrist disorder other than carpal tunnel syndrome is remanded.

The Veteran's back disability, right and left sciatic nerve radiculopathies, and right and left femoral nerve radiculopathies have been granted initial ratings of 20 percent each from April 20, 2009. The rating for the right femoral nerve radiculopathy is limited to a 10 percent rating from April 13, 2015 to December 19, 2019 and a 20 percent rating thereafter.

The Veteran's claims for service connection for hypertension and lumbar spine disability have been remanded due to the need for additional evidence and medical opinions.

The Veteran's low back disability, cervical spine disorder, and right lower extremity sciatic nerve radiculopathy have been granted increased ratings. Additionally, the Veteran has been granted TDIU.

The Veteran's claims for increased rating and TDIU are being remanded due to insufficient evidence regarding the severity of his service-connected lumbosacral strain with bilateral sacroiliitis (claimed with spondyloarthropathy).

The Veteran's appeal is remanded for additional development to address his claims of service connection for left knee, back, right leg, and headaches disabilities.

The Board denied a higher rating for degenerative disc disease L5-S1 and service connection for frostbite of the feet. The Veteran's back disability was rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5243. Service connection for frostbite of the feet was also denied due to lack of current residuals.

The Veteran withdrew their appeal for the rating of thoracolumbar spine intervertebral disc syndrome and degenerative arthritis, including the issue regarding the reduction in rating.

The Veteran's thoracolumbar spine disability, diagnosed as thoracolumbar spine degenerative disc disease, is granted as service connected. The Board found that the Veteran's account of having such in service was credible and consistent with his combat service.

The Board has remanded several issues related to the Veteran's lumbar spine, knee, shin splints, and bilateral feet disabilities due to outstanding VA treatment records and need for new examinations.

The Veteran's erectile dysfunction and SMC based on loss of use of a creative organ are granted. The initial rating for his low back disability is also granted, but the issues of service connection for other conditions remain pending.

The Veteran's service-connected disabilities are sufficient to render her unemployable, and the Board has granted a TDIU. The cervical spine disability is remanded for further examination.

The Veteran's claims for increased ratings and service connection have been denied. The lumbosacral spine disorder is rated at 10 percent, while the small bowel obstruction postoperative condition remains at a 10 percent rating.

The Board has remanded the Veteran's claims for increased ratings for his low back disability due to lack of substantial compliance with its February 2022 remand directives. The matter is still on appeal and will be remanded again.

The Board has denied service connection for a right knee disability, lumbosacral spine disability, trigger finger in both hands, and carpal tunnel syndrome of the bilateral upper extremities due to lack of evidence supporting an in-service event or continuous post-service disability. The claims are remanded for further development.

The Board has granted an increased rating of 40 percent for lumbar strain with arthrosis from October 13, 2017, except for the period of a 100 percent rating from December 10, 2020 to March 31, 2021.