Back / lumbar spine decisions — 2022

The Veteran's sinusitis is currently rated at 30 percent effective October 26, 2009. The claim for a higher rating remains pending.,The Veteran's right hand condition has been rated as noncompensable since the initial claim in 2009. The Board finds that his condition warrants a compensable disability rating due to functional impairment during flare-ups.,The Veteran's lumbar spine condition is currently rated at 10 percent effective November 2, 2020. The issue of entitlement to a higher rating prior to February 27, 2020 remains pending.

The Veteran's right knee impairment (instability) prior to September 21, 2015 is rated at 10 percent and not higher.,The Veteran's bilateral hearing loss disability does not meet the criteria for a compensable rating.,Service connection for a low back disorder, left ankle disorder, left lower extremity peripheral neuropathy/tremors, right lower extremity peripheral neuropathy/tremors, and left upper extremity peripheral neuropathy/tremors is remanded due to outstanding medical records and further evaluation being necessary.

The Board has remanded the claims of service connection for headaches as secondary to service-connected DJD of the lumbar spine, and entitlement to SMC at the housebound prior to July 18, 2014, and based on the need for aid and attendance. The remand is due to an inadequate medical opinion regarding the relationship between the Veteran's headaches and his service-connected DJD of the lumbar spine.

The Board has remanded the claim for entitlement to service connection for a low back disability, as it is secondary to a service-connected right hip disability. The case will be reviewed with a new VA examination and any relevant medical records obtained.

The Board has remanded the cases due to failure to schedule a DRO hearing as requested by the Veteran. The cases are now pending for further action.

The Board has determined that additional development is needed for the claims of increased rating and TDIU due to the service-connected lumbar spine disability. The Veteran will be scheduled for a VA examination, and the issues will be remanded.

The Veteran's claim for higher ratings for his lumbar spine degenerative joint disease with IVDS and left lower extremity radiculopathy was denied. The Board found that the evidence did not support a rating in excess of 40 percent prior to April 7, 2014 or 20 percent from that date.

The Board has remanded the case for further development, including obtaining SSA records and scheduling VA examinations. The issues of service connection for hearing loss, thoracolumbar spine degenerative disc changes, skin disease, and chronic fatigue are all inextricably intertwined.

The Board has remanded the Veteran's claims for a bilateral foot disorder, right knee disorder, left knee disorder, and low back disorder due to inconsistencies in the examination reports and insufficient evidence regarding the etiology of his claimed conditions.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or financial assistance for purchasing an automobile and adaptive equipment. The Board finds that his disabilities, while significant, do not qualify him for these benefits based on the specific requirements outlined in VA regulations.

The Board has granted service connection for coronary artery disease (CAD) due to presumed herbicide agent exposure in Thailand, and also granted service connection for osteoarthritis lumbar spine as secondary to a service-connected left ankle disability.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathies are being remanded for further examination to determine the current nature and severity of his disabilities.

The Board has determined that the Veteran's tinnitus had its onset in service and affords him the benefit of doubt, granting service connection for tinnitus. The remaining issues are remanded due to new evidence being added to the claims file.

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the etiology of the Veteran's lumbar spine disability and neurological disabilities of the lower extremities. The claims are being returned for further development.

The Veteran's appeal for increased ratings and TDIU was denied. The lumbar spine condition is rated at 40 percent, effective November 7, 2019. The right knee condition is rated at 40 percent from October 18, 2018 to April 1, 2021, and 30 percent thereafter.

The Veteran's claim for service connection for a low back condition has been reopened, and the Board finds that his degenerative joint disease of the lumbar spine is related to an in-service injury. The claim is granted.

The Board has dismissed the appeals for service connection for a bilateral eye condition and left knee condition. Service connection is granted for left foot, right foot, low back, and lower extremity nerve conditions (right lower extremity radiculopathy).

The Board has remanded the claims for low back disability and acquired psychiatric disorder due to insufficient evidence in the record, including lack of nexus opinions based on STRs and continuity of care after service. The Veteran's lay statements regarding his military experiences are also considered.

The Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to March 22, 2019.

The Board has decided to remand the Veteran's claim for a back disability as there is insufficient evidence regarding its onset and relationship to service. The case will be returned to VA for further examination and consideration.