Back / lumbar spine decisions — 2022

The Board has remanded the claims for service connection for back, right and left hip, and right and left knee disabilities due to insufficient evidence. The Veteran is required to undergo VA examinations to determine the nature and etiology of these conditions.

The Veteran's application to reopen the claim of service connection for a back disability was denied. The evidence submitted since the July 2008 rating decision is not new and material.,The application to reopen the claim for entitlement to service connection for a urinary disability was also denied. Evidence received since the final October 1998 Board decision and July 2008 rating decision are not new and material tending to prove or disprove the matter in issue.

The Veteran's low back disability and radiculopathy of both lower extremities are currently rated at 20 percent. The Board denied increased ratings for the low back disability, but granted a separate 10 percent rating for right lower extremity radiculopathy from November 17, 2014 (the date of his claim) and a 20 percent rating for left lower extremity radiculopathy from October 22, 2019. The issue of entitlement to TDIU is also denied.

The Board has remanded the case for further development, including obtaining medical records and providing a VA Form 21-8940 to determine if the appellant is entitled to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran is granted an effective date of January 25, 2011 for entitlement to TDIU based on his service-connected lumbar spine condition and associated radiculopathies. The rating assigned remains at 40%.

The Veteran's thoracolumbar spine degenerative changes were granted a 20 percent rating from May 31, 2016 to October 24, 2019. A higher rating is denied for this period.,A 20 percent rating was also granted for the right lower extremity radiculopathy from May 31, 2016 to October 24, 2019. The Veteran's TDIU claim prior to June 1, 2021 is denied.,The Board found that the Veteran's thoracolumbar spine degenerative changes and right lower extremity radiculopathy warrant a 20 percent rating from May 31, 2016. The issues of entitlement to separate service connection for left lower extremity radiculopathy, TDIU after June 1, 2021, and higher ratings are remanded.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is related to his in-service strenuous activities as a boatswain's mate.

The Veteran's left ankle disability is granted as aggravated by his service, and he has radiculopathy of the lower extremities secondary to a service-connected lumbar spine disability. However, his migraines prior to March 30, 2021 are not rated higher than noncompensable.,The Veteran's left ankle arthritis is granted as aggravated by service, but his migraines and radiculopathy of the lower extremities secondary to a service-connected lumbar spine disability are granted.

The Veteran's initial 20% rating for degenerative disc disease, status post fusion prior to December 9, 2011, is granted. A 40% rating is granted from July 24, 2018.

The Board has determined that new and material evidence has been received to re-open the Veteran's previously denied service connection claims for a lumbar spine disability and an acquired psychiatric disability, including PTSD and depression. The claims are now remanded for further development.

The Veteran's widow is granted a burial allowance for nonservice-connected death due to the Veteran having received VA disability compensation at the time of his death.

The Veteran's claim for a compensable rating for his bilateral inguinal hernia surgery residuals was denied. His claims for service connection of bilateral knee/shin conditions and back condition were reopened, but the cases are still pending as they need further examination to determine their etiology.

The Veteran's service-connected conditions prior to June 23, 2015 did not meet the schedular requirements for a TDIU. However, due to his unemployability and chronic back pain, the Board finds that referral to the Director of Compensation Service is warranted on an extra-schedular basis.

The Veteran withdrew his appeals on all issues related to service connection for various conditions and increased ratings. The appeal is dismissed.

The Board has decided to remand the cases for further development and examination due to incomplete service records and inconsistencies in verifying an inservice fall. The Veteran's statements are considered credible, and a VA examination is needed to determine if his current back and neck disabilities are related to service.

The Veteran's bilateral pes planus is rated at the maximum schedular rating of 50 percent, effective July 22, 2019.,The Veteran's degenerative disc disease of the lumbar spine and patellofemoral syndrome with degenerative joint disease of the left knee are both currently rated as severe.

The Veteran's lumbar spine disability and obstructive sleep apnea are granted, but the Board finds that a higher rating is warranted for his lumbar spine disability. The issues of ratings for bilateral lower extremity radiculopathy and entitlement to TDIU prior to February 13, 2019, are remanded.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of chronicity in service or within the applicable presumptive period. The Board also found that the Veteran did not have any back disabilities until at least 1990, which is outside the presumptive period.

The Veteran's claims for increased ratings and TDIU are being remanded due to inadequate examination reports. The case will be returned for a new VA examination of the lumbar spine disability, including range of motion testing in weight-bearing and non-weight-bearing positions.

The Veteran withdrew his claims for an increased rating for bilateral hearing loss, service connection for chronic fatigue syndrome and a right knee disorder during the July 2021 Board hearing.,The remaining issues of service connection for back disorder, left leg disorder, cervical disorder (to include as secondary to a back disorder), acquired psychiatric disorder are being remanded.