Back / lumbar spine decisions — 2022

The Veteran's back DDD is rated at 20 percent, and his left hip osteoarthritis with limited flexion is rated at 10 percent. Both conditions are denied for increased ratings.,The Veteran's lumbar spine DDD does not meet the criteria for a higher rating as it has not resulted in limitation of motion to less than 30 degrees or ankylosis. His left hip osteoarthritis with limited flexion also did not meet the criteria for a higher rating as his flexion is not limited to less than 20 degrees.

The Veteran's claims for increased ratings for bilateral radiculopathy disabilities are granted with effective dates of March 1, 2013. The claim for a higher rating for his lower back condition is denied.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his lumbar spine disability, hypertension, and chronic kidney disease. The claims are being returned for further development including obtaining private treatment records, confirming exposure to herbicide agents during service, and scheduling VA examinations.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating may be warranted due to flare-ups. The case is being remanded for additional development including an updated VA examination and opinion.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability, heart disability, and hypertension due to outstanding medical records and examination needs.

The Veteran's tinnitus was granted service connection. The Board remanded the cases for neck disability and back disability, as well as right foot disability.

The Board has remanded the claims for service connection due to insufficient VA treatment records. The Veteran's representative withdrew from the case, and she is now representing herself.

The Board has remanded the Veteran's claims for service connection for back, left hip, and right hip conditions due to insufficient opinions regarding aggravation by service-connected knee conditions. The Veteran's sleep apnea claim is also remanded as he has not been examined.

The Veteran's claims for degenerative disc disease and right inguinal hernia, status post repair are dismissed. The Board finds service connection granted for a back disability.

The Board denied service connection for back and neck disorders, finding that the evidence did not support a nexus between these conditions and active service.,The VA examiners concluded that any current low back or neck disorders are more likely due to post-service injuries rather than those sustained during active duty.

The Board has remanded the Veteran's claims for additional development due to incomplete examinations and other procedural issues.

The Board has decided to remand the Veteran's claims of service connection for hypertension and a back condition due to insufficient medical opinions. The Veteran will need new examinations to determine if his conditions are related to his military service.

The Veteran's back condition is rated at 40 percent since February 24, 2014.,PTSD is rated at 50 percent throughout the appeal period.

The appeal of the attorney fees eligibility issue is dismissed as the appellant waived his representation and thus, the underlying issue is moot.

The Veteran's service-connected disabilities (insomnia, low back injury residuals, right upper extremity radiculopathy, cervical spine injury residuals, and tinnitus) meet the criteria for a total rating for compensation purposes based on individual unemployability due to service connected disabilities. The Veteran is also eligible for TDIU benefits.

The Board has granted a rating of 20 percent for right knee arthritis and an initial rating of 20 percent for degenerative disc disease in the lumbar spine. The left lower extremity sciatic radiculopathy is rated at 60 percent effective October 5, 2020.

The Board has decided to remand the Veteran's claims for further development and clarification of his conditions, exposure basis, service connection theory, and rating assigned. The claims include a request for an increased evaluation for lumbar spine degenerative arthritis, as well as requests for service connection for bilateral hip degenerative arthritis.

The Board has remanded the Veteran's claims for lumbar spine disorders and psychiatric conditions due to potential issues with service connection.

The Board has remanded the Veteran's claims for increased ratings due to incomplete records and the need for further VA examinations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, warranting a TDIU on an extraschedular basis.