Back / lumbar spine decisions — 2022

The Veteran's service connection claim for sinusitis was denied. The claims for increased ratings of IBS, allergic rhinitis, left eye erosion syndrome with residual corneal abrasion, and lumbosacral strain with DJD and IVDS were also denied. The Veteran's radiculopathy conditions (right lower extremity, left lower extremity, right upper extremity, left upper extremity) were rated at 20 percent prior to May 29, 2013, but not higher after that date. His cervical spine conditions and thoracic spine surgical scar were also denied.

The Board has remanded both claims of service connection for degenerative arthritis of the low back and a left knee disorder, as they are inextricably intertwined with each other.

The Veteran's claims for increased ratings for lumbar degenerative arthritis and headaches are being remanded due to the need for additional examinations and consideration of evidence not yet considered by the AOJ.

The Board has remanded the claims for service connection for a low back disorder and right knee patellofemoral syndrome due to new VA medical opinions being needed.

The Veteran's claim for service connection for chronic fatigue syndrome (CFS) was denied as there is no evidence of a current diagnosis or objective indications of a qualifying chronic disability.,Service connection for low back disorder and left knee disorder were also denied due to lack of competent medical evidence linking these conditions to service.

The Veteran's appeals for increased evaluations have been dismissed as he has withdrawn his claims in writing.

The Board has remanded the cases due to insufficient consideration of additional functional loss during flare-ups and whether there is unfavorable ankylosis.

The Board has decided that the Veteran does not have a disability manifested by hematuria and denied his claim. The back disability issue is remanded for further examination.

The Board denied the Veteran's claims of service connection for depression, right knee disability, left knee disability, and lumbar degenerative changes as there was no new and material evidence submitted to reopen these claims.

The Board has remanded the Veteran's claims for higher ratings for his service-connected lumbosacral spine, left knee, and right knee disabilities due to incomplete examinations. The TDIU claim is also remanded as it is inextricably intertwined with the rating issues.

The Board has granted service connection for the Veteran's diagnosed lumbosacral strain and degenerative arthritis, finding that his current back disability is related to his in-service complaints.

The Veteran's claim for a 100 percent rating for ankylosing spondylitis of the lumbar spine is granted. The claim for SMC at the (s) rate is also granted, as the Veteran meets the criteria under 38 U.S.C. § 1114(s). The issue of entitlement to a TDIU is dismissed as moot due to the Veteran's receipt of both a 100 percent disability rating and SMC.

The Veteran's left knee chondromalacia and lumbosacral strain with degenerative arthritis, degenerative disc disease, and intervertebral disc syndrome are currently rated at the maximum allowable under VA regulations. The Veteran is not entitled to higher ratings for these conditions.

The Board has remanded the claims for further development due to new evidence received after the February 2022 Supplemental Statement of the Case.

The Veteran's increased disability ratings for lumbar spine conditions and individual unemployability are remanded due to scheduling issues.

The Veteran's claim for bilateral hearing loss was denied as he does not meet the criteria for a current disability under VA regulations.,The Veteran's claim for degenerative arthritis of the lumbar spine was granted as there is at least equipoise evidence that his symptoms began during service.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbar spine with IVDS, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have been denied. The Veteran was previously granted a 40 percent rating for degenerative arthritis of the lumbar spine with IVDS effective October 8, 2021.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to lack of loss of use, blindness, burns, ALS, inhalation injury, or other permanent and total disability.

The Veteran's low back disability is currently rated at 50 percent from October 1, 2011. The Board has remanded the case for further development due to issues with his TDIU claim and the need for additional evidence regarding his low back disability.

The Board has decided that the Veteran's right ear hearing loss did not undergo an increase in severity during service, and thus cannot be granted service connection. The lumbosacral strain issue is remanded for further examination. TDIU is also remanded.