Back / lumbar spine decisions — 2022

The Veteran's appeal includes a request for an increased rating for his lumbosacral sprain and a claim for service connection for a respiratory disability. The Board has remanded both issues due to non-compliance with previous instructions.

The Board has remanded the claims for higher ratings for lumbar spine disability, right and left lower extremity radiculopathy, and TDIU due to pre-decisional duty to assist errors.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining SSA records and conducting a new VA examination.

The Board has remanded the Veteran's claims for service connection for traumatic arthritis of the thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis due to potential aggravation by his service-connected bilateral knee condition. The VA is required to provide a new opinion addressing whether these conditions were aggravated by his service-connected disabilities.

The Veteran's claims for increased evaluations of his thoracolumbar spine and cervical spine conditions were denied. The thoracolumbar spine was rated at 20 percent from May 25, 2021, and the cervical spine was rated at 30 percent from April 13, 2022.

The Board has found pre-decisional duty to assist errors and the claim must be remanded for a new VA examination to obtain information necessary to properly adjudicate the service connection claim.

The Board has granted earlier effective dates of September 1, 1993 for the Veteran's service-connected lumbar spine degenerative joint disease and bilateral lower extremity radiculopathy.

The Veteran's combined rating is now at 70 percent effective August 2, 2022. The claim for an earlier effective date was denied.,The Veteran's sciatic nerve radiculopathy has been rated as moderate and does not warrant higher evaluations.

The Board has determined that the Veteran's degenerative arthritis of the lumbar spine and intervertebral disc syndrome had its onset in service, granting service connection for these conditions.

The Veteran's claim for service connection for a back disability is granted. The claims of service connection for right knee, bilateral hips, and bilateral shoulders disorders are remanded.

The Veteran's cervical spine spondylosis is granted as service connected.,The Veteran's lumbar spine degenerative joint disease is granted as service connected.

The Veteran's back condition is granted as service connected. The Board found that the persistent observable symptoms of back pain since service supported a causal link to his active duty.

A disability rating of 20 percent, and not higher, for cervical spine degenerative disc disease with intervertebral disc syndrome is granted.,For the initial rating period on appeal from October 24, 2012 to November 14, 2021, a higher rating of 40 percent for right upper extremity radiculopathy is granted.,For the entire initial rating period on appeal from October 24, 2012, a disability rating in excess of 40 percent for right upper extremity radiculopathy is denied.,For the entire initial rating period on appeal from March 23, 2015, a higher initial disability rating in excess of 30 percent for left upper extremity radiculopathy is denied.

The Board has remanded the claims for service connection for bilateral ankle, low back, and bilateral knee disabilities due to conflicting opinions from VA examiners regarding direct and secondary service connection. Additional medical records are needed to support or refute these claims.

The Board has determined that additional development is needed for the Veteran's claims of service connection for spinal stenosis and a rating increase for his degenerative disc disease with IVDS and lumbar retrolisthesis. The case will be remanded to allow for further examination and opinion.

The Board has remanded the claims for increased evaluations and TDIU due to inadequate evidence from previous examinations, particularly regarding range of motion testing. The Veteran is required to provide updated treatment records and complete a VA Form 21-8940. A new VA spine examination will be scheduled to assess current disability severity and estimate functional loss during flare-ups and with repeated use.

The Board has reopened the Veteran's claims for service connection for degenerative disc disease of L5-S1, bilateral hearing loss, and tinnitus. The new evidence received since the final denial supports a finding that these conditions are related to service.

The Board has decided to remand the case due to inadequate VA examinations and the need for an addendum opinion.

The Veteran withdrew his appeals regarding bilateral hearing loss and a lower back condition, resulting in their dismissal.

The Veteran's lumbar spine disability, including degenerative disc disease, is rated at the highest possible level (40%) but his symptoms do not warrant a higher rating as he does not have any ankylosis or IVDS.