Back / lumbar spine decisions — 2022

The Veteran's claims for service connection for a back disorder and left knee disorder have been reopened due to the submission of new and material evidence. The Board has remanded these issues for further development.

The Board denied service connection for right and left hip disabilities, finding that the Veteran's current hip conditions are not related to his military service.,A TDIU claim prior to December 21, 2021, is moot due to the grant of a total (100 percent) rating for major depressive disorder.

The Board denied service connection for a cervical spine disability and a lumbar spine disability, including lumbar disc herniation at L4-L5 status post laminectomy, spondylosis and right sided radiculopathy. The Veteran's cervical spine disability was found not to be related to his active duty service or any other condition. His lumbar spine disability was also not found to be directly related to his active duty service.,The Board concluded that the Veteran did not have a compensable degree of cervical spine disability within one year after discharge and there was no evidence of chronicity of care, complaints, or treatment during service.

The Veteran's prostate condition is granted as secondary to his service-connected diabetes mellitus.,The Veteran's bilateral shoulder disabilities are denied as not related to service or service-connected conditions.

The Board has granted service connection for the Veteran's back disability, finding that it is related to his active duty service and resolving all doubt in favor of the Veteran.

The Veteran's bilateral leg varicose veins have been granted service connection. The issues of hypertension, right clavicle fracture, right clavicle scar, left knee condition, low back condition, and coronary artery disease and myocardial infarction are remanded for further examination and determination.

The Board has remanded the Veteran's claims for service connection due to missed examinations and a misunderstanding on both sides. The matter will be returned for further examination and etiology opinions.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and the Board denies his claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's lumbosacral spine disability is rated at 40 percent prior to June 10, 2015 and in excess of 40 percent as of that date.,Right lower extremity radiculopathy of the sciatic nerve is rated at 20 percent prior to October 7, 2017 and in excess of 20 percent as of that date. A separate disability rating of 10 percent for right lower extremity radiculopathy of the external popliteal nerve is granted.,PTSD is rated at 70 percent.,TDIU was granted prior to May 13, 2017.

The Veteran's lumbar strain and bilateral lower extremity radiculopathy have been rated based on their service-connected status. The Board has found that the evidence does not support a higher rating for these conditions during the appeal period.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected PTSD with alcohol use disorder.

The Veteran's right knee disability is currently rated at 10 percent, but the Board has remanded for further development to determine if a higher rating of 30 percent is warranted due to additional functional loss resulting in weakness and limited motion.

The petition to reopen the previously denied claim of entitlement to service connection for a low back disability is granted. The appeal is remanded due to the need for additional evidence and an updated VA medical opinion.

The Veteran's thoracolumbar spine disability is rated at 40 percent, but no higher, and his radiculopathy of the left lower extremity is rated at 20 percent for the period prior to September 13, 2021. The Veteran's radiculopathy of the right lower extremity is rated at 60 percent, but no higher.,The Veteran's thoracolumbar spine disability and his radiculopathy of the left lower extremity are not entitled to increased ratings.

The Veteran's neck, back, and bilateral wrist disabilities have been granted service connection. The right ankle, left ankle, and left knee disabilities are being remanded for further examination.,Bilateral fallen arches has been dismissed as the Veteran withdrew his appeal.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that it is etiologically related to his military service.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to insufficient evidence or examination reports. The TDIU claim is also remanded as there is no supporting information in the record.

The Veteran's low back disability and associated radiculopathies have been granted initial ratings of 20 percent, but no higher, effective March 4, 2022.

The Veteran's cervical spine disability is currently rated at 10 percent for the period from June 8, 2005 to October 13, 2020 and at 20 percent thereafter. The Board finds that a rating in excess of these levels is not warranted.

The Veteran's left shoulder shell fragment wounds are currently rated at 20 percent, but the Board finds that a higher rating is not warranted. The scars of his mid back and lower back have been rated as 10 percent.