Back / lumbar spine decisions — 2022

The Veteran's service-connected disabilities, including headaches, sleep apnea, and knee problems, have rendered him unable to secure or maintain substantially gainful employment since December 18, 2018. The Board has granted a total disability rating based on unemployability (TDIU) effective from that date.

The Board has remanded several issues for further development, including obtaining additional medical records and conducting new examinations to assess the severity of the Veteran's conditions.

The Board has remanded the case due to inconsistencies in the VA examiner's reports regarding the Veteran's range of motion during flare-ups. The case is now pending for further development and an addendum opinion from the July 2020 VA examiner.

The Veteran's hematuria and lumbosacral strain have been rated at the maximum available rating of 40 percent. The Board found that his symptoms do not warrant a higher rating due to lack of evidence of ankylosis or incapacitating episodes.

The Board has remanded the Veteran's claims for increased ratings for his service-connected back condition, left lower extremity sciatic nerve radiculopathy, and left lower extremity femoral nerve radiculopathy due to inadequate medical opinions regarding the current severity of these conditions.

The Board has remanded the Veteran's claims for compensation for neurological abnormalities associated with her low back disability and a rating in excess of 20 percent for lumbar strain with DDD and IVDS, as well as ratings for left and right lower extremity radiculopathy. The issues are being remanded to allow for further development.

The Board has decided that the Veteran's lumbar spine disability is not caused or aggravated by his service-connected right knee disability, and thus remanded for further development.

The Board has remanded the cases due to inadequate VA examinations related to service connection for low back disability and right lower extremity radiculopathy. The Veteran's claims are being returned for further development.

The Board denied service connection for a low back disorder, finding that the Veteran's current condition is not related to his in-service injury or exposure. The evidence did not establish direct causation and there was no showing of continuity of symptomatology.

The Board has decided to remand the Veteran's claim for service connection of lumbosacral strain with degenerative disc disease and arthritis of the lumbar spine due to inadequate examination and missing records. The Veteran asserts his back condition is related to in-service accidents, but a VA examiner needs to review all relevant evidence including post-service medical records from Germany.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for an acquired psychiatric disorder. The claim is remanded to allow for a VA examination to clarify the current condition and determine its relationship to military service.,The Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, was not shown as chronic in service or within the applicable presumptive period. Service connection is denied.

The Veteran's service-connected disabilities, including obstructive sleep apnea, bilateral plantar fasciitis with pes planus, lumbosacral strain and degenerative disc disease, left lower extremity radiculopathy of the femoral nerve, onychomycosis, migraine headaches, and corneal opacity in both eyes, have caused him to be unemployable since June 3, 2019. The Board has granted a TDIU effective June 3, 2019.

The Board has remanded the claims for hypertension, bruxism, low back disability, and right testicle disability due to incomplete compliance with prior remand directives. The Veteran's service records show exposure to herbicide agents in Vietnam. An addendum opinion is required to address whether his current conditions are related to service.

The Veteran's cervical spine disability is granted as service connected. The low back and chronic pain disabilities are remanded for further examination.

The Veteran's lumbosacral strain with DDD is currently rated at 20 percent, but the Board has found that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent and this rating is maintained for the entire appeal period. The Veteran was also granted service connection for COPD.

The Veteran's service-connected major depressive disorder rating was restored to 50 percent, and the appeal for PTSD is granted. The application to reopen a claim of service connection for low back pain is also granted. However, the issues regarding an initial compensable rating for left ear hearing loss since May 17, 2012; service connection for a lumbar spine disorder; service connection for a cervical spine disorder; and entitlement to TDIU since May 17, 2012 are remanded.

The Veteran's persistent depressive disorder is rated at a 70 percent rating since August 22, 2003. The Board found that the symptoms did not rise to the level of total occupational and social impairment.

The Board has remanded the Veteran's claims for service connection for back and neck disabilities due to incomplete STRs, lack of VA examination, and need for updated treatment records. The AOJ is instructed to locate missing STRs, conduct examinations if necessary, and obtain any outstanding private or VA treatment records.

The Veteran's degenerative spondylosis of the lumbar spine is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not result in forward flexion limited to 30 degrees or less, nor does it involve ankylosis.

The Board has granted service connection for a low back disability and reopened the claims of left shoulder and right anterior fibula-talon ligament sprain disabilities. The effective date is set at January 8, 2016.