Back / lumbar spine decisions — 2022

The Veteran's appeal for an effective date prior to August 27, 2007, for special monthly compensation at the housebound rate due to service-connected PTSD is denied as he does not have other service-connected disabilities independently ratable at 60% or more prior to that date.

The Board has remanded several issues related to service connection for various disabilities. The AOJ is instructed to review new VA treatment and examination records that were not previously considered.

The Veteran's stomach condition (GERD and gastroenteritis) and lower back condition have been granted service connection. SMC based on aid and attendance has also been granted from February 5, 2010 to May 8, 2013.

The Veteran's claims are being remanded due to the need for additional development and examination. The issues include rating adjustments for various conditions, with some requiring further medical opinions.

The Board has remanded the Veteran's claims for a disability evaluation and temporary total rating due to lack of compliance with previous remands, need for additional medical records, and inadequate examination report. The Veteran is also required to undergo a new VA examination to assess his current lumbar spine disability.

The Board has granted service connection for sleep apnea as secondary to a current service-connected disability and resulting obesity, and for lumbar spine disabilities, diagnosed as degenerative disc disease, degenerative joint disease, and intervertebral disc syndrome (IVDS), based on the Veteran's credible statements of continuity of symptoms.

The Board denied service connection for a lumbar spine disability on a direct and presumptive basis, finding the evidence against a link to service. The secondary claim was remanded.

The Board has granted service connection for a lumbar spine disorder. The claims for bilateral hearing loss and tinnitus are remanded due to the need for additional medical examination.

The Veteran's claim for a higher rating of his cervical spine disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent.

The Veteran's appeals for service connection, rating adjustments, and TDIU have been dismissed due to withdrawals of claims. The Veteran's headache disability was restored to a 30 percent rating.

The Board denied service connection for lower back pain and associated scars, left CTS, and right CTS. The Veteran's current conditions are already covered by the existing service-connected scar and shoulder disabilities.

The Veteran's claim for a higher rating for lumbar degenerative arthritis and IVDS is denied. The issue of service connection for an acquired psychiatric disorder (PTSD) is remanded.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, left knee condition, right knee condition, and low back condition. The evidence did not establish a nexus between these conditions and in-service noise exposure or other events.

The Veteran's petition to reopen the claim for service connection for headaches was granted. Service connection for a lumbar disability, TBI, and PTSD were denied.

The Veteran's appeal for earlier effective dates and increased ratings has been granted.,The issues of service connection, increased ratings, and earlier effective dates have been remanded.

The Veteran's left knee disability is granted a 10% rating, and his lumbar spine arthritis is granted a 40% rating. The right and left lower extremity radiculopathy are each granted separate 10% ratings. These decisions are remanded for further review.

The Board has remanded the Veteran's claims for an increased evaluation and TDIU due to insufficient evidence in the record regarding his lumbar spine disability prior to March 1, 2011. The Veteran is seeking higher ratings for his service-connected lumbar spine compression fracture.

The Veteran's radiculopathy of the left and right lower extremities are currently rated at 20 percent each, which is the maximum schedular rating available.,The Veteran's lumbar spine condition is also currently rated at 20 percent.

The Veteran's TDIU claim prior to August 18, 2015 is remanded as the combined disability rating does not meet the schedular criteria for a TDIU. The Board finds that extraschedular consideration may be warranted due to employment difficulties and back pain.

The Board has decided to remand the Veteran's claim for an initial disability evaluation in excess of 10 percent for lumbosacral strain due to insufficient examination findings and a lack of recent treatment records.