Back / lumbar spine decisions — 2022

The Board has decided to remand the case due to inadequate examination regarding the nature and etiology of the Veteran's claimed back disorder. A new examination is required to determine if the condition is related to service.

The Veteran's lumbar spine degenerative disc disease L5-S1 with spondylosis L5 and spondylolisthesis L5-S1 is granted a 50 percent rating, but no higher. The Veteran is also granted entitlement to TDIU based on service-connected disabilities.

The Veteran's claims for increased ratings and a TDIU are being remanded due to the need for additional VA treatment records and information regarding his employment status.

The reduction of the disability ratings for cervical spondylosis with stenosis and degenerative disc disease, lumbar spine from their respective current levels to lower levels was improper. The original disability ratings were restored.

The Veteran's claim for a higher rating for his chronic lumbosacral strain with early degenerative disease of the L5-S1 region was denied. A separate 10 percent rating for right lower extremity radiculopathy is granted, effective April 20, 2015.

The Veteran's claims for increased ratings for chronic headaches, right and left upper extremity radiculopathies, and degenerative lumbar disc disease L4-L5 with thoracolumbar stenosis noted at L5-S1 are denied.,For the period prior to October 5, 2017, a rating in excess of 10 percent for chronic headaches is not warranted. The Veteran's reported history and medical evidence do not support an increased rating.,From October 5, 2017 onwards, ratings in excess of 30 percent for right upper extremity radiculopathy are not warranted due to the lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The Veteran's symptoms have been mild or moderate.,For the period prior to October 5, 2017, ratings in excess of 0 percent for left upper extremity radiculopathy are not warranted due to the lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. The Veteran's symptoms have been mild or moderate.,For the period prior to October 5, 2017, ratings in excess of 20 percent for degenerative lumbar disc disease L4-L5 with thoracolumbar stenosis noted at L5-S1 are not warranted due to the lack of severe incomplete paralysis. The Veteran's symptoms have been mild or moderate.

The Veteran's claim for service connection of a back disability and right shoulder disability has been remanded due to the need for additional medical opinions regarding secondary service connection.

The Board has decided to remand the case due to insufficient development of evidence, and it is unclear if service connection can be established for the Veteran's back disability.

The Board has determined that the Veteran's right thumb/hand and left hip disabilities must be remanded for further evaluation due to inadequate medical opinions in previous examinations.

The Board has determined that the Veteran's lower back condition is secondary to his service-connected bilateral knee disabilities, and thus grants this claim.

The Veteran's radiculopathy of the right lower extremity was initially evaluated at 20 percent, but has been increased to 40 percent for the period beginning August 31, 2021.,For the period prior to March 4, 2019, the Veteran is not entitled to an evaluation in excess of 10 percent for his degenerative arthritis of the lumbar spine.,The Veteran's radiculopathy of the right lower extremity has been granted a 40 percent evaluation from March 4, 2019 to August 30, 2021 and is denied any higher rating thereafter.

The Veteran's lumbar spine spondylosis has been rated at 10 percent since January 2016. The Board finds the VA examination in January 2017 is inadequate and remands for a new examination to assess the current severity of his disability.

The Veteran withdrew all his appeals, including those related to PTSD, MDD, sleep apnea, left shoulder strain, recurrent headaches, hypertension, DDD of the lumbar spine, cervical DDD, right upper extremity radiculopathy, left upper extremity radiculopathy, and a heart condition.

The Veteran's low back condition and tinnitus have been granted service connection.,The issues of an initial rating in excess of 70 percent for PTSD prior to October 20, 2021, and an earlier effective date for the award of service connection for PTSD are remanded.

The Board has decided to remand the Veteran's claims for sleep disorder and lumbar degenerative disc disease and strain due to outstanding relevant treatment records and the need for VA examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining outstanding VA treatment records and Vet Center treatment records. The Veteran is also required to provide financial information regarding her periods of self-employment.

The Veteran has withdrawn all appeals, including those related to increased disability ratings and service connection.

The Board denied service connection for various disabilities, including low back, right ankle, right wrist, pubic ramus fracture residuals, left foot, head injury residuals, and migraine headaches, finding that the in-service injuries were not incurred in line of duty due to the Veteran's alcohol intoxication.

The Veteran's initial claim for lumbar sprain was denied, and a rating of 20 percent is awarded from April 3, 2019. The ratings for radiculopathy are also denied.

The Board has remanded the Veteran's claims for increased ratings for his neck disability and LUE due to insufficient evidence in the record.