Back / lumbar spine decisions — 2022

The Veteran's lumbar spine degenerative disc disease is rated at 40 percent since January 30, 2017. The rating for radiculopathy left lower extremity (femoral nerve) and sciatic nerve has been restored to 20 percent effective September 10, 2020.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted after a Supplemental Statement of the Case (SSOC).

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding his low back disability and its onset during service.

The Veteran's lumbar spine disability is rated at 20 percent, and the Board found that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy is also rated at 20 percent, with no higher ratings granted.

The Veteran's claims for service connection for degenerative disc disease of the cervical spine and lumbosacral strain with degenerative changes have been granted. The remaining issues, including left hip strain, right knee strain, and chronic disability of the right leg, are being remanded for further evaluation.

The Veteran's service-connected lumbar spine and left hip disabilities are being remanded for further evaluation due to reported worsening symptoms. The TDIU claim is also remanded as it may be impacted by the increased rating claims.

The Board has determined that the Veteran does not have a diagnosed bilateral foot disability, and thus denied service connection for this condition. The remaining issues of neck, ankle, knee, and shoulder disabilities are remanded for further development.

The Board has granted the Veteran's withdrawal of his appeal for service connection for gastrointestinal, right shoulder, left shoulder, right knee, and left knee disabilities. Service connection was also granted for a back disability.

The Board has decided to remand the case due to a need for another VA examination to assess the current severity of the Veteran's lumbar spine disability, as his symptoms have changed since previous examinations.

The Veteran's appeal for increased ratings and service connection was denied. The TDIU claim is granted, but only effective from October 7, 2010.

The Veteran's claim for an effective date prior to February 3, 2009, for the award of service connection for tinnitus is denied. The Board finds that VA received the Veteran's intent to file a claim on February 3, 2009, and his original claim for service connection for tinnitus was received by VA on August 14, 2009. As such, an earlier effective date is not warranted.

The Board has denied the Veteran's claims for service connection for back disability, hypertension, heart disabilities, asthma, and bilateral eye disabilities due to a lack of evidence showing these conditions began during or are otherwise related to his military service.

The Board has remanded the Veteran's claims for osteochondral lesions of her knees and lumbar spine, as well as her breast cancer status post radical mastectomy. The claims are being remanded due to a lack of service personnel records regarding her Army National Guard service from 2008 onwards and outstanding private treatment records from Drs. William Gamel and Catherine Parker. Additionally, the Board requested an examination for the Veteran's breast cancer claim.

The Board denied service connection for arthritis, gout, a back disability, frost bite, and PTSD as there is no evidence of current disabilities in the record.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease with intervertebral disc syndrome is being remanded due to the need for additional development, including obtaining VA treatment records and clarifying the lack of nonweight-bearing range of motion measurements in the previous examination.

The Veteran's lumbar radiculopathy, sciatic nerve, left lower extremity is currently rated at 40 percent and the Board has determined that a higher rating is not warranted.

The Board has remanded the claims for service connection due to incomplete records and failure to obtain treatment records from identified providers. The appellant's active duty periods are unclear, but additional records should be sought.

The Board denied service connection for thoracolumbar spine disability, pelvic injury residuals, right and left lower extremity nerve disabilities due to lack of evidence linking these conditions to active service.

The Veteran's appeal is being remanded due to the need for updated medical records and VA examinations. The issues of entitlement to increased ratings for carpal tunnel syndrome, as well as service connection for right hip and lumbar spine disabilities, are being addressed.

The Veteran's left and right knee osteoarthritis, thoracolumbar spine DJD and strain, and cervical spine DJD have been granted service connection. The initial rating for CFS has also been increased to 60 percent.