Back / lumbar spine decisions — 2022

The Veteran's lumbar disability was previously rated at 20 percent, but the Board found that a higher rating is not warranted due to limited range of motion and pain.,The Veteran's right knee disability was also previously rated at 10 percent, with no evidence supporting a higher rating.

The Veteran's back disability was reduced from a 40 percent rating to a 10 percent rating, which the Board found improper and restored the original 40 percent rating.

The Veteran's claims for SMC based on the need for regular aid and attendance, as well as his requests to revise effective dates of service connection decisions related to sinusitis, back disability, and left ankle disability are all pending and require further review.,The Veteran is seeking an earlier effective date for the award of service connection for sinusitis. The AOJ must consider whether there was CUE in the October 1985 rating decision that assigned a noncompensable initial rating for sinusitis.,The Veteran also seeks an earlier effective date for his back disability, which was awarded based on CUE in the October 2015 rating decision. The AOJ must review whether there was CUE in this decision as well.,Lastly, the Veteran is requesting a revision of the August 2011 rating decision that granted service connection for his left ankle disability due to CUE. The AOJ needs to determine if there was CUE in this decision.

The Board has remanded the case for a retrospective medical opinion to assess the severity of the Veteran's service-connected back disability from November 30, 2010. The claims are now pending and will be reconsidered.

The Veteran's appeals for higher evaluations and earlier effective dates have been dismissed due to withdrawal. The Board has also determined that the claims of service connection for bilateral hearing loss, degenerative disc disease (L4/5 and L5/S1) with lumbar spondylosis and spondylolisthesis, left lower extremity radiculopathy affecting the sciatic nerve, right lower extremity radiculopathy affecting the sciatic nerve are REMANDED for further development.

The Board has remanded the Veteran's claims for service connection for a back condition and bilateral leg condition due to conflicting evidence regarding the onset of his conditions. The decision is pending further examination and review.

The Veteran's service-connected disabilities (including PTSD, asthma, DJD of the lumbar spine, tinnitus, radiculopathy of the left and right lower extremities, bilateral hearing loss, and migraines) render him unable to secure or maintain substantially gainful employment. The Board granted a TDIU based on this finding.

The Board has granted service connection for the Veteran's lower back and bilateral shoulder conditions, finding that these conditions are at least as likely as not related to his active-duty service.

The Board denied service connection for left lower extremity radiculopathy, finding no current diagnosis of the condition and that it was not related to the Veteran's service-connected lumbar spine disability.,The TDIU claim is denied as there is no evidence showing the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has decided to remand the claims for service connection for a lumbar spine disorder, bilateral hearing loss disability, and bilateral foot disorder due to insufficient evidence. The Veteran's statements regarding his symptoms during service will be considered in determining the etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for a right knee disability, left knee disability, and back disability due to incomplete development. The Veteran is not entitled to service connection for these conditions as there is no evidence of in-service injury or disease that caused or aggravated his current disabilities.

The Board has granted a 40 percent rating for the Veteran's service-connected osteoarthritis of lumbosacral spine with degenerative disc disease, effective from May 3, 2011.

The Board has dismissed the appeals for ratings and effective dates related to degenerative arthritis of the lumbar spine and radiculopathy, right lower extremity due to the appellant's death.

The Board has remanded the case due to a lack of VA medical records and an examination for service connection of a low back disorder. The Veteran's lay statements warrant further investigation.

The Board has remanded the Veteran's claims for right shoulder, left shoulder, right ankle, left ankle, right knee, left knee, low back, cervical spine, and acquired psychiatric disorders (including PTSD) due to a lack of VA treatment records and potential stressor verification.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment from October 1, 2014, to July 8, 2020. A total disability rating based on individual unemployability is granted during this period.

The Board has granted service connection for a lumbar spine DDD and low back strain, finding that the Veteran's current symptoms began during service and have continued since then.

The Veteran's claim for a higher rating for his lumbar spine disability prior to August 10, 2021, and greater than 20 percent thereafter was denied. A 20 percent rating was granted for osteoarthritis of the right hip and left hip.

The Board has decided to remand the claims for allergic rhinitis, back disability, and bilateral knee disability due to insufficient evidence regarding service connection.

The Veteran's service connection claims for lordosis, lumbar spine disability, bilateral pes planus, and bilateral foot disability have been denied. The Board found that the preexisting conditions were not aggravated by service.,There is no evidence of a chronic lumbar spine or bilateral foot disability during active service.