Back / lumbar spine decisions — 2022

The Veteran's service connection claims for chronic rhinitis and a lower back disorder are granted. The claim for right lower leg/knee disorder is remanded.

The Board has determined that the VA examinations for the Veteran's shoulder, back, and wrist disabilities are inadequate due to their age. The Board also notes that recent evidence indicates the Veteran's conditions have worsened. Therefore, the claims are being remanded for new evaluations.

The Veteran's lumbar strain and associated radiculopathy were found to not warrant a rating in excess of 20 percent for the period from May 27, 2016, to February 3, 2022. Separate ratings of 10 percent each were granted for radiculopathy affecting both lower extremities.

The Veteran's claims for service connection for a right shoulder condition and a lumbar spine condition have been remanded due to the need for additional development. The claim for service connection for an acquired psychiatric disorder, including PTSD and Major Depressive Disorder, is also being remanded.,New evidence has not yet been submitted in support of these claims.

The Board has granted the Veteran's claims for service connection for his back disability and right and left lower extremity radiculopathy, finding that these conditions are proximately due to his service-connected foot and hip disabilities.

The Veteran's service-connected disabilities, including unspecified depressive disorder, degenerative disc disease of the lumbar spine, left ankle degenerative arthritis, bilateral lower extremity sciatic radiculopathy, bilateral knee degenerative joint disease, and right ankle strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and left lower extremity radiculopathy are being remanded due to incomplete records. The VA must obtain all relevant medical records, including those from June 21, 2016, through December 17, 2020, and any outstanding private treatment records.

The Veteran's spine injury claim has been reopened, and service connection for a spine injury is granted.,Service connection for peripheral neuropathy of the right upper extremity is granted as secondary to service-connected type II diabetes mellitus. Service connection for peripheral neuropathy of the left upper extremity is also granted as secondary to service-connected type II diabetes mellitus.,The Veteran's claims for increased ratings for bilateral lower extremity peripheral neuropathy and type II diabetes mellitus are denied due to failure to appear for scheduled VA examinations without showing good cause.,Service connection for a spine injury is remanded, as the Veteran has provided evidence of a fall at a VA facility in November 2014 that may be related to his service-connected conditions. The RO must seek all relevant records and conduct appropriate development regarding this claim.,Entitlement to specially adapted housing and special monthly compensation based on aid and attendance or being housebound is remanded, as the Veteran has provided evidence of a spine injury and peripheral neuropathy claims that may be related to VA care.

The Veteran's lumbosacral strain has been granted an initial rating of 20 percent, but no higher. The right foot disorder issue is remanded for further examination and opinion.

The Board denied the Veteran's claim for a temporary total evaluation due to treatment for his service-connected back disorder, finding that the September 2017 surgery was unrelated to any service-connected condition and thus not warranting a temporary total evaluation.

The Board has reopened the claims of service connection for back and right shoulder disabilities due to new evidence submitted by the Veteran. The claims are now remanded for further examination and determination.

The Veteran's initial increased evaluation for his service-connected back disability prior to August 15, 2013 was denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition is not related to his time in service and does not have a nexus with his service-connected tinnitus.

The Veteran's cervical spine disability is being remanded for additional examination to determine the current level of severity and whether separate diagnoses exist.,Separate disabilities are also being considered, including whiplash, retrolisthesis, and trochanteric bursitis.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Board has dismissed the appeals for reopening service connection claims due to the Veteran's death.

The Veteran's claims for increased ratings for coronary artery disease and a lumbar spine disorder are being remanded due to the need for new VA examinations and additional treatment records.

The Veteran's low back strain is granted service connection, and his right hip disability receives separate evaluations for limitation of flexion and adduction. The claim for a higher evaluation for the right hip bursitis and adductor tendinitis with trochanteric pain syndrome and degenerative joint disease remains denied.

The Veteran's claims for a higher rating for lumbosacral strain and TDIU are being remanded due to the need for additional medical examination.

The Board has remanded the case for a statement of the case on issues related to service connection and initial ratings for certain disabilities, including those claimed as due to exposure to herbicide agents. The appellant is advised that she may submit additional evidence in connection with the AOJ's readjudication.