Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his claimed conditions and their relationship to his military service. The VA is directed to attempt verification of non-combat stressors, schedule a psychiatric examination, and obtain medical opinions on hypertension, tension headaches, low back disability, bilateral knee disabilities, and left foot disability.

The Board has denied the Veteran's claims for service connection for blood poisoning, back disability, left shin stress fracture, right shin stress fracture, psychiatric disability, and respiratory disability due to lack of current diagnoses. The claims are being remanded for further development.

The Veteran's claim for increased evaluations for degenerative disc disease of the lumbar spine was denied, and his TDIU claim was remanded.

The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy were denied. The VA found that the Veteran's symptoms did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's degenerative disc disease of lumbar spine was granted a 40% rating prior to October 5, 2021. The Board found the evidence in approximate balance regarding his range of motion and awarded the benefit of doubt to grant the higher rating.

The Veteran's claim for a higher disability rating for his service-connected degenerative joint disease of the lumbar spine was denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 20 percent.

The Board has decided to remand the cases for additional development due to outstanding treatment records and a need for a new VA examination. The issues of an initial evaluation in excess of 20 percent disabling for service-connected lumbosacral strain with degenerative arthritis, IVDS and right hip pain, and entitlement to a total disability rating based on individual unemployability (TDIU) are being remanded.

The appeal for a higher rating for lumbosacral strain status post lumbar decompression and degenerative disc disease is dismissed due to the appellant's death.

The Veteran's mental disorder is rated at 70 percent prior to December 18, 2019, and at 70 percent thereafter. The ratings for the lumbar spine disability and associated radiculopathy are remanded for further evaluation. TDIU and SMC based on service-connected disabilities are also remanded.

The Board has granted service connection for a lumbar spine disability and a left hip disability as secondary to the Veteran's service-connected left knee disability.

The Board has remanded the claims for right knee osteoarthritis, limitation of flexion, degenerative disc disease with strain, and upper extremity radiculopathy due to inconsistencies in the October 2019 VA examination report. The RO is instructed to obtain all relevant treatment records and schedule new VA examinations.

The Board has remanded the claims for evaluation of service-connected cervical and thoracolumbar spine disabilities due to changes in symptoms since the last VA examination, including new seizures related to the conditions.

The Veteran's appeals for service connection were dismissed. The claims of COPD and a chronic respiratory disorder other than COPD were withdrawn by the Veteran, while his claims for tinnitus, low back disorder, PN of the RUE, LUE, RLE, and LLE were denied.

The Board denied service connection for a low back condition, including as secondary to obesity, finding that the Veteran's current low back condition is not related to her military service and does not meet the criteria for secondary service connection due to her already established non-service-connected obesity.

The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy render him so helpless as to be permanently bedridden, meeting the criteria for special monthly compensation (SMC) at the SMC(l) rate.

The Veteran's claims for increased ratings for degenerative arthritis of the right and left ankles, as well as his claim for a TDIU based on service-connected lumbar spine disability, are being remanded to allow for additional development.,Specifically, the Veteran needs to be provided with VA examinations to assess the current severity of his lumbar spine disability. Additionally, he should be asked to provide private treatment records from Dr. Crawford/Norton Leatherman.

For the initial rating period from August 24, 2016 to November 24, 2021, a higher initial rating of 20 percent for degenerative disc and joint disease of the thoracolumbar spine (lumbar spine disability) is granted.,For the initial rating period from November 24, 2021 forward, a higher initial rating in excess of 20 percent for the lumbar spine disability is denied.

The Board has remanded the Veteran's claims for increased evaluations, service connection, and effective date determinations due to insufficient evidence. The Veteran is also being asked to undergo additional examinations.

The Veteran's ankle and neck conditions are remanded for further examination and opinion to determine their etiology, with a focus on whether they are related to service or pre-existing conditions.

The Board has remanded the issues of service connection for back and neck disabilities due to insufficient analysis regarding the Veteran's lay statements and medical opinions.