Back / lumbar spine decisions — 2022

The Board has determined that the Veteran's back disorder, diagnosed as lumbar spine degenerative disc disease with stenosis, is related to his military service and granted service connection for this condition.

The Board has denied the Veteran's claims for service connection for a right ankle disability, low back disability, and left leg radiculopathy as secondary to his low back disability.,There is no evidence of a current right ankle or low back disability that began during active service. The VA examiner found that any current right ankle disability was less likely caused by an in-service injury.

The Board has granted service connection for tinnitus. The remaining issues are remanded due to the need for additional development and medical opinions.

The Veteran's back disability and left leg radiculopathy are currently rated at 10% each, but the Board finds that a higher rating is not warranted.

The Veteran's migraines are rated at a maximum of 30 percent, which is the highest schedular rating under DC 8100. The Board found that the Veteran had characteristic prostrating attacks occurring on average once to thrice a month over the last several months.,The Veteran's bilateral pes planus was not rated higher than 10 percent from July 11, 2018, to November 9, 2021. The Board found that the Veteran had pain on manipulation and use of the feet during this period.

The Veteran's cervical and thoracolumbar spine disorders were initially rated at 10% prior to June 30, 2015. From that date until December 8, 2018, the Veteran was granted a higher rating of 30%. The effective date is not specified.

The Veteran's low back disability is granted a rating of 40 percent, but not higher, prior to December 29, 2017. The claim for an increased rating in excess of 40 percent from December 29, 2017, and the PTSD claim are denied. A TDIU is granted from August 18, 2014.

The Veteran's claim of entitlement to a TDIU was dismissed as moot due to the grant of TDIU for the entire appeal period.,The reduction in disability rating for bilateral hearing loss from 20 to 10 percent, effective February 3, 2017, was improper and has been restored.,The Veteran's claim of entitlement to an evaluation in excess of 30 percent disabling prior to October 23, 2019, for IHD was denied.,The Veteran's claim of entitlement to an evaluation in excess of 10 percent disabling prior to December 11, 2019, for IHD was denied.,The Veteran's claim of entitlement to a disability rating in excess of 20 percent prior to January 10, 2017, for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome (IVDS) was denied.,The Veteran's claim of entitlement to an evaluation in excess of 70 percent disabling for PTSD was denied.

The Board has remanded the cases for additional development due to incomplete medical opinions and missing records. The issues of increased evaluations for low back strain, right knee meniscectomy with degenerative joint disease, and TDIU prior to June 14, 2011 are being addressed.

The Veteran's low back disability alone renders him unemployable, meeting the criteria for SMC at the housebound rate as of June 29, 2010.

The Veteran is granted entitlement to TDIU and SMC based on housebound status prior to September 28, 2009 due to his service-connected psychiatric disorder and other disabilities rated at least 60 percent combined.

The Board has remanded the Veteran's claims for increased disability evaluations and TDIU due to service-connected disabilities, including right lower extremity radiculopathy and degenerative disc disease of the lumbar spine with IVDS. The claims are being remanded for additional development.

The Veteran's claim for an increased rating for her service-connected back disability was granted, with a 40 percent rating from February 10, 2012.,Other issues on appeal were either denied or remanded.

The Veteran's TDIU claim was denied as he failed to provide the necessary information and evidence to support his claim, including a completed VA Form 21-8940 application for increased compensation based on individual unemployability.

The Board has remanded the case due to a lack of consideration of all evidence, including the Veteran's complaints of back pain during service and in the 1990s. The claim will be reconsidered with an addendum opinion from a clinician.

The Veteran's back, right knee, and left shoulder disabilities are granted as they were aggravated by service.,The Veteran's right ear hearing loss is denied because he does not have a disability for VA purposes.,The Veteran's tinnitus is granted as it was caused by his military service.

The Board has remanded the Veteran's claims for service connection due to a lack of supporting evidence and the need for VA examinations.

The Board has remanded the claims for bilateral hip disability, low back disability, bilateral knee disability, and right shoulder disability due to new evidence not being considered in a subsequent Supplemental Statement of the Case (SSOC).

The Veteran's appeals have been dismissed as he has withdrawn his appeal through his attorney, stating satisfaction with his current rating and effective dates.

The Board has remanded the Veteran's claims for service connection for various spinal and joint disabilities, including radiculopathy. The appeal is being returned to the AOJ for additional development of evidence.