Back / lumbar spine decisions — 2022

The Veteran's bilateral shoulder disabilities and lumbar spine disability were not shown to warrant higher ratings prior to the effective dates of May 14, 2012, for the bilateral shoulders and January 9, 2013, for the lumbar spine.,Effective dates earlier than these dates are denied as there is no evidence that the disabilities warranted such increased ratings within one year prior to those dates.

The Veteran's claim for an effective date earlier than July 30, 2013 for major depressive disorder was denied as the earliest statement expressing a desire to seek this benefit was received on that date.,The Veteran's claim for service connection for a lumbar spine disability secondary to Major Depressive Disorder is remanded.

The Board has dismissed all claims of service connection due to the Veteran not filing a motion for reconsideration or appeal within 120 days.

The Veteran's thoracolumbar spine strain with kyphoscoliosis and scoliosis is not rated higher than 20 percent.,The Veteran's bilateral lower extremity radiculopathy (L4/L5/S1/S2/S3 nerve roots) is not rated higher than 20 percent prior to June 15, 2021. It is rated at 20 percent beginning from that date.,Allergic rhinitis and maxillary sinus polyp are both denied initial compensable evaluations.,Service connection for chronic joint pain, chronic fatigue, and other conditions related to thoracolumbar spine strain with kyphoscoliosis and scoliosis is remanded.

The Board has remanded the claims of entitlement to service connection for right knee strain, sleep apnea, restless leg syndrome (to include as secondary to a service-connected disability), and low back disorder due to insufficient evidence or inadequate examination reports.

The Board has remanded the claims for service connection for chest injury residuals, a right leg disability, bilateral hearing loss, unspecified arthritis (other than in the lumbar spine), and a heart disability due to insufficient evidence.,Service connection is denied for chest injury residuals as there is no medical evidence linking any post-service lung conditions to the reported chest injury during active duty training.

The Veteran's claim for a higher rating for corneal scarring with photophobia was denied as the evidence did not show more than minimal visual impairment or incapacitating episodes.,Service connection for degenerative joint disease of the cervical spine and thoracic lumbar spine were both denied due to lack of in-service injury, event, or disease; no continuity of symptoms since service; and no medical nexus between current conditions and service.

The Veteran's PTSD is granted as it was incurred during service due to military sexual trauma.,The Veteran's right hip and lumbar spine disabilities are granted as they are related to injuries sustained in service.

The Veteran's appeals for higher ratings for headaches and hearing loss have been dismissed.,The appeal of the low back disability rating prior to December 15, 2018 has also been dismissed. The appeal of the low back disability rating since December 15, 2018 remains pending.

The Board has remanded the Veteran's claims for service connection for lumbar degenerative joint disease and cervical disability, to include cervical sprain and cervical spondylosis. The remand is due to inadequate medical opinions in the original decision.

The Veteran's claims of service connection for blurred vision, bilateral hearing loss, prostatitis, hypertension, lumbar spondylosis, hip disability, right knee disability, left leg disability, and tinnitus have been dismissed. The claim to reopen a claim of service connection for lumbar spondylosis, hip disability, right knee disability, and left leg disability has been granted.

Special monthly compensation at the housebound rate is granted for a single service-connected disability rated as 100 percent disabling and additional service-connected disabilities independently ratable at 60 percent or more, effective October 1, 2009.

The Veteran's claim for service connection for a low back disability has been reopened, but the Board has remanded it due to insufficient evidence. Service connection for hearing loss and tinnitus was denied.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board has granted TDIU for the appeal period from November 16, 2016.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and right knee disabilities due to allegations of worsening, lack of recent VA examinations, and incomplete medical records. A more contemporary examination is needed.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and opinions. The Veteran is required to undergo new VA examinations to address his lumbar spine, bilateral foot, and migraine disabilities.

The Board has remanded the Veteran's claims for bilateral ankle, knee, and lumbar spine disabilities due to insufficient medical opinions addressing direct service connection and secondary service connection. The Veteran also had his claim for OSA remanded.

The Board has remanded the cases for additional development due to concerns about the sufficiency of the medical opinions provided and the need for a VA examination.

The Veteran's IBS is currently rated at 30 percent, and his cervical spondylosis with cervical strain is rated at 30 percent prior to December 1, 2021, and at 30 percent thereafter. The Veteran has been granted a rating of 30 percent for his cervical spondylosis with cervical strain effective December 1, 2021.,The Board has remanded the issue of service connection for rectal bleeding/hemorrhoids as secondary to IBS.

The Board has remanded the case due to insufficient addendum opinions regarding whether the Veteran's lumbar spine disability is aggravated by his service-connected disabilities, individually or in the aggregate.