Back / lumbar spine decisions — 2022

The Board has granted service connection for lumbar spine degenerative disc disease and left leg radiculopathy, but denied service connection for a right leg disability.

The Board has decided to remand the case due to the inability to locate the Veteran's service treatment records (STRs). The claim will be returned for further investigation and possible VA examination.

The Board has remanded the claims for a lower back disability and an acquired psychiatric disorder due to the need for additional information regarding the qualifications of the VA examiners who conducted the examinations.

The Board has decided to remand four issues related to the Veteran's service connection claims for low back disability, GERD, headaches, and ichthyosis vulgaris. The Veteran needs to undergo VA examinations to determine the current severity of his disabilities and whether they are related to service.

The Board has decided to remand the cases for further development and consideration due to inadequate medical opinions regarding the etiology of the Veteran's back, left leg, and left knee disorders.

The Veteran's vertigo, back disability, and bilateral hearing loss are being remanded for further examination and evaluation. The TDIU claim is also being remanded.

The Veteran's asthma and back condition are remanded for further examination and opinion. The left leg pain claim is inextricably intertwined with the back condition claim.

The Board has dismissed the Veteran's appeals for increased ratings for radiculopathy, right and left lower extremities. The issues of service connection for hip disabilities are remanded due to the Veteran wanting to withdraw his appeal. The reduction in rating from 40 percent to 20 percent for back disability is also remanded.

The Board has remanded the Veteran's claims for sinusitis, lumbar spine disability, and right lower extremity radiculopathy due to incomplete development of records and need for additional medical opinions.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of a chronic condition in service or within one year post-service. The Board also found that the current low back disorder is not related to service.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined disability rating is at least 70 percent, but she cannot secure or follow a substantially gainful occupation due to her PTSD and other service-connected conditions.

The Board has remanded the Veteran's claims due to incomplete examination requests and the need for further development, including scheduling a VA examination at an appropriate facility.

The Veteran's claims for increased ratings and TDIU have been denied due to his failure to report for scheduled VA examinations.

The Veteran's lumbar spondylosis, spondylitis, and stenosis were rated at 10% prior to April 25, 2022, and increased to 20% thereafter. The claim for higher ratings remains in appellate status.

The Board has granted the Veteran's claim of service connection for a low back disability, finding that his current condition is at least as likely as not caused by an in-service injury.

The Board has remanded the Veteran's claims for additional development due to outstanding VA medical records and missed VA examinations. The issues of service connection for low back disability, right knee disability, and left arm disability are all remanded.

The Veteran's initial rating for a lumbar spine disability prior to January 3, 2020 is denied as his forward flexion of the thoracolumbar spine was at worst 85 degrees. From January 3, 2020 onwards, his disability is rated higher than 20 percent due to limited range of motion and radiculopathy symptoms.

The Veteran's claim for an increased rating and effective date for service connection of his lumbar spine disability was denied. The initial evaluation for the condition remains at 40 percent.

The Veteran's right knee scar was not aggravated by service, and the claim for service connection is denied.,An initial rating of 40 percent for lumbar strain prior to April 26, 2022, is granted. The rating will be reduced from that date.

The Veteran's thoracolumbar strain is currently rated at 10 percent and the Board finds that it does not meet the criteria for a higher rating based on functional loss or additional limitation of motion.