Back / lumbar spine decisions — 2022

The Board has granted service connection for a low back disability, diagnosed as degenerative arthritis of the thoracolumbar spine, finding that it was incurred during active duty.

The Board has remanded the Veteran's claims for an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, as well as his claims for increased ratings for right upper extremity radiculopathy and left upper extremity radiculopathy. The Veteran is also being asked to provide additional evidence regarding his TDIU claim from February 13, 2012 to August 27, 2012.

The Veteran's claim for special monthly compensation (SMC) based on statutory housebound status was denied as he did not meet the requirements of having a single service-connected disability rated at 100 percent and additional disabilities independently ratable at 60 percent or more, which would qualify him for SMC under 38 U.S.C. § 1114(s).

The Board has determined that additional remand is necessary to obtain updated medical opinions regarding the Veteran's claims for service connection for OSA, low back disability, left knee condition, and right knee condition. The opinions must consider the Veteran's lay statements and other relevant evidence.

The Board denied the Veteran's claim for service connection for a back condition, finding that his current diagnosis of degenerative changes to the lumbar spine was not present within one year following service discharge and has not been linked by probative evidence to active service. The remaining issues on appeal are remanded.

The Veteran's claims for service connection have been reopened and granted.,Service connection has not been established for the Veteran's bilateral hearing loss, herniated disc (back condition), or right elbow condition.

The Board has remanded the issues of service connection for a gastrointestinal disease and entitlement to an increased rating for lumbosacral spine disability. The Veteran's claim for increased rating remains in appellate status as his current evaluation is 20 percent, effective December 21, 2018.

The Veteran's initial compensable rating for migraines prior to November 4, 2021 is denied.,The Veteran's lumbar paraspinal tendonitis (back disability) has been rated at 40 percent since September 15, 2009. The issue of a higher rating remains pending.

The Veteran's claim of service connection for PTSD has been granted.,Service connection is also granted for degenerative disc disease of the cervical spine, bilateral lower extremity radiculopathy, and bilateral cervical radiculopathy of the upper extremities, secondary to degenerative disc disease of the cervical spine.

The Board has determined that the Veteran's back, left knee, and right knee disabilities are related to service. The claims for these conditions have been granted.

The Veteran's degenerative arthritis and degenerative disc disease of the spine have been rated at 10 percent since May 29, 2015. The rating is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board dismissed the appeals for earlier effective dates for service connection of right shoulder disability and left upper extremity radiculopathy.,For the entire rating period from July 18, 2018, to April 4, 2018, the Veteran's right upper extremity radiculopathy was rated at 20 percent; for the initial rating period from April 4, 2018, to present, the left upper extremity radiculopathy was rated at 20 percent. The appeals for increased ratings were dismissed as there is no evidence of moderate incomplete paralysis.,The Veteran's low back degenerative disc disease and spondylosis are service-connected, with a grant of service connection based on continuity of symptomatology since service separation.,Service connection was denied for right foot pes planus, left foot pes planus, right hand disorder, obstructive sleep apnea, acquired psychiatric disorder (insomnia and sleep disturbances), erectile dysfunction, and defective vision in both eyes. Service connection was also denied for a right hip disorder.

The Veteran's degenerative disc disease with IVDS of the thoracolumbar spine is rated at 40 percent from July 22, 2019. The claim for higher ratings prior to that date remains denied.

The Veteran's low back disability is currently rated at 20 percent, effective August 19, 2004. The Board has remanded the case to determine if there are any additional issues related to his service-connected low back disability that should be addressed.

The Veteran's claims for an initial compensable rating for bilateral hearing loss, service connection for a back disorder, left hip disorder, and left sciatica are remanded due to the need for additional medical opinions. The Board finds that the necessary development has not been completed.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to June 29, 2021, or since then. The issue of increased rating for hemorrhoids is remanded.

The Veteran withdrew his appeals for service connection for degenerative disc disease of the cervical spine and thoracic/lumbar spine, both secondary to left shoulder fracture.

The Veteran's CAD is rated at 60 percent prior to December 9, 2015 and denied for a higher rating from that date. The Veteran also has other service-connected conditions (thoracolumbar degenerative disc disease and hypertension) which prevent him from securing or maintaining substantially gainful employment, thus qualifying for TDIU.

The Board denied the Veteran's claim for an extension of a temporary total rating based on convalescence following a back surgery, finding that no additional time was required due to post-operative residuals.

The Veteran's service-connected levoscoliosis and lumbosacral strain have been granted a 10 percent rating since April 25, 2022. The right wrist disability has been increased to 60 percent since that date. SMC for loss of use of the left hand is denied.