Back / lumbar spine decisions — 2022

The Board has remanded the claims for service connection for back disorder, left lower extremity radiculopathy, and right lower extremity radiculopathy due to incomplete compliance with prior remand directives.

The Board has remanded several issues related to the Veteran's claims for service connection, including bilateral hearing loss, various musculoskeletal conditions, and GERD. The Veteran was not provided with VA examinations or medical opinions regarding these claims.

The Board has granted clothing allowances for calendar year 2014 for the use of back and bilateral knee braces, but denied a clothing allowance for the use of a topical skin cream due to lack of evidence showing irreparable damage to outer garments.

The Veteran's lumbosacral strain has been rated at 40 percent throughout the appeal period, with no higher rating granted due to lack of unfavorable ankylosis.

The Board has remanded the Veteran's claim for a disability rating in excess of 10 percent prior to January 14, 2020, and in excess of 40 percent thereafter for lumbar strain, to include herniated disc due to insufficient compliance with previous remand directives regarding ankylosis.

The Board has remanded the claims for increased rating and TDIU due to incomplete information provided by the Veteran regarding his employment status.

The Veteran's PTSD is rated at 70 percent from August 3, 2021. Prior to that date, the Veteran was not granted a TDIU due to his service-connected conditions. From August 3, 2021 onwards, he has been granted a TDIU.

The Board has remanded the claims of service connection for bilateral elbow, knee, hip, and shoulder disabilities due to inadequate development. The Veteran's low back condition is granted as service connected.

The Veteran's ED is granted as secondary to his service-connected low back disability, and the claim for OSA is remanded. The claims for higher ratings of depressive disorder, insomnia disorder, and low back disability are also remanded.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including hearing loss and PTSD. The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to these conditions, but further development is needed for some of the claims.

The Veteran was found unable to secure and follow substantially gainful employment due to his service-connected disabilities from February 20, 2016, at the earliest.

The Board denied the Veteran's claims for increased ratings for her lumbar spine disability and associated right and left lower extremity radiculopathy, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current Dupuytren's contracture and his military service. The claim for back condition remains denied as new and material evidence was not provided.

The Veteran's claims for increased ratings and service connection were denied. The effective dates for the granted ratings are not earlier than November 16, 2015.

The Veteran's claim for service connection for degenerative disc disease, lumbar spine has been reopened and remanded. The claims for service connection for degenerative arthritis of the right shoulder, left shoulder, and right wrist are also remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's lumbar spine disability, including seronegative arthritis. The Veteran is advised that failure to attend the requested examination may result in an adverse determination.

The Veteran's claim for service connection for a back disability, tinnitus, and PTSD has been granted. Service connection for bilateral hearing loss is denied.

The Veteran's right and left shoulder disabilities, as well as his low back disability, have been rated at the maximum allowable under VA regulations for each condition. The effective date of these ratings is not specified in the decision.