Back / lumbar spine decisions — 2022

The Veteran's lumbar spine disability is being remanded for further evaluation and to obtain any outstanding medical records.

The Veteran's lumbar spine and left knee disabilities are being remanded for additional examinations to assess their current severity.

The Veteran's rating for lumbosacral disability was reduced from 40% to 20%, effective January 1, 2019. The appeal is granted in full as the reduction was not proper and the 40% rating is restored.

The Veteran's petition to reopen the claims for service connection for low back pain, left ankle disability, right knee disability, and left knee disability is granted.,The Veteran's petition to reopen the claim for service connection for a left foot disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a right foot disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a left hip disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a right hip disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a left shoulder disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a right shoulder disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a right ankle disability has been remanded.,The Veteran's petition to reopen the claim for service connection for a left ankle disability has been remanded.

The Veteran's claim for a rating in excess of 10 percent for myositis lumbar paravertebral muscles was granted, and he is now rated at 40 percent. The TDIU claim is remanded.

The Board has remanded the claims for increased ratings for degenerative disease of the lumbar spine and status post fracture, right tibia and fibula due to inadequate VA medical opinions regarding functional loss.

The Veteran's low back injury is not service-connected, and there are no other relevant disabilities. Therefore, the claim for a clothing allowance due to use of a back brace cannot be granted.

The Board has remanded the case due to insufficient reasons and bases in its decision, including a failure to define 'sedentary' employment. The Veteran's service-connected disabilities may preclude physical or sedentary employment.

The Board has remanded the case due to inconsistencies in the July 2011 VA examination report regarding ankylosis and incapacitating episodes. An addendum opinion is required from a VA examiner.

The Board has remanded the case due to insufficient nexus opinions regarding whether the Veteran's lumbar spine condition is caused or aggravated by his service-connected right hip DJD.

The Veteran's appeal is remanded for further development due to worsening of his service-connected lumbar spine, left lower extremity radiculopathy, and adjustment disorder with depressed mood disabilities. He must be afforded new VA examinations to assess the current severity of these conditions.

The Veteran's claim for a higher rating for his lumbar spine disorder and entitlement to TDIU prior to April 28, 2015 were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point.

The Veteran's lumbar spine disorder and bilateral lower extremity radiculopathy have been granted service connection as secondary to his service-connected right knee patellofemoral syndrome and right foot status-post fracture.,A 10 percent rating has been granted for the Veteran's residual scars of left knee surgery.

The Veteran's service-connected lumbosacral strain and left hip strain have been remanded for further evaluation due to increased functional impairment since the last VA examination in December 2015.

The VA denied a rating in excess of 70 percent for PTSD, and the appeal is dismissed.

The Board has determined that the Veteran does not have a current diagnosis of cervical spine or lumbar spine disabilities, and thus cannot establish service connection for these conditions.,For his heart disability (mitral valve prolapse), the Board finds that there is insufficient evidence to determine whether it was incurred in service. The examiner's opinion appears based on inaccurate factual premises.

The Veteran's TDIU and SMC claims for migraine headaches are granted, with the effective date being December 1, 2016. The Veteran is now eligible for both benefits due to his service-connected disabilities.

The Board has remanded the case due to a lack of compliance with previous remand directives regarding the Veteran's lumbar spine disability. A new VA medical opinion is needed to assess whether the condition is related to his military service.

The Veteran's tinnitus is granted service connection. The rating for hemorrhoids remains noncompensable, but the issue of entitlement to a higher rating is remanded. Service connection for back disability and PTSD are also remanded due to insufficient evidence. The acquired psychiatric disorder claim is also remanded as it is inextricably intertwined with other issues on appeal.

The Veteran's service connection claim for back spasms is denied as they are manifestations of his already service-connected lumbar spine disability. The rating for the lumbar spine disability remains at 20 percent.