Back / lumbar spine decisions — 2022

The Veteran's low back disability was rated at 10% from September 28, 2015, through January 9, 2018. Since January 10, 2018, a higher rating of 40% is granted for the degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS). The cervical spine disability remains rated at 10%. Service connection for a left pelvic condition was remanded.

The Board has found that the VA medical opinions are inadequate and remanded for further development. The issues of service connection for back, neck, and bilateral knee conditions remain under review.

The Veteran's claims for increased ratings for cervical spine and left hip disabilities are being remanded due to the need for additional examinations to assess current disability levels.

The Board has remanded the Veteran's claims for low back condition, right hip condition, and left hip condition due to insufficient medical opinions regarding service connection.

The Board has granted a rating of 50 percent for the Veteran's service-connected lumbar spine disability, finding that it approximates unfavorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran's service-connected disabilities do not preclude her from securing and following a substantially gainful occupation, consistent with her education, skills, training, and work history.

The Board has reopened the claim for service connection of a low back disorder due to new and material evidence. The case is remanded for further development, including an examination to determine the nature and etiology of the current diagnoses.

The Board has dismissed the appeal for various rating and service connection claims related to knee, hip, leg, and lumbar spine disabilities.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for various lower extremity and back disorders, as these conditions may be related to his service-connected diabetes mellitus.

The Veteran's claims for service connection for a back condition and headaches have been dismissed as the Veteran withdrew his appeals prior to the Board's decision.

The Veteran's appeal for TDIU has been remanded due to the need for further development. The appeal seeking to reopen a claim of entitlement to service connection for hypertension is dismissed as the Veteran withdrew his request prior to the Board's decision.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the death of the appellant.

The Veteran's service-connected disabilities do not render him unemployable, as the medical evidence does not support a finding of unemployability due to his conditions.

The Veteran's appeal for increased ratings and special monthly compensation based on the need for regular aid and attendance was denied. The claim of entitlement to a compensable rating for bilateral hearing loss is denied, as his hearing acuity did not meet the criteria for a higher rating under VA regulations. For the lumbar spine disability prior to September 6, 2019, the Veteran's disability has been rated at 10 percent and no higher due to lack of evidence showing limitation in range of motion or functional loss equivalent to ankylosis.

The Veteran withdrew his increased rating claim for a low back disability before the Board could make a decision.

The Veteran's plexopathy and axillary neuropathy of the left upper extremity is granted a 40 percent rating, effective from January 29, 2016. The cervical spine disability remains at 30 percent.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical opinions regarding his lumbar spine disability, bilateral ankle disabilities, and right and left sciatic nerve radiculopathy. The issues of TDIU are also being deferred until these matters are resolved.

The Veteran's service connection claims for low back problems and sleep apnea, as well as his increased rating claim for dizziness/vertigo, are being remanded due to the Veteran's failure to report for scheduled VA examinations.,VA is required to schedule the Veteran for VA examinations to assess the nature and etiology of their claimed conditions.

The Veteran's appeal for service connection on multiple conditions has been dismissed. A 100% disability rating for PTSD is granted effective February 1, 2022.