Back / lumbar spine decisions — 2022

The Board has remanded three issues: service connection for a back disability, service connection for ED claimed as secondary to the back disability, and an initial compensable disability rating for bilateral hearing loss. The Veteran's claims are being reviewed due to incomplete medical records and need additional examination.

The Veteran's claims for increased PTSD rating and service connection for a lumbar spine disability have been dismissed. The claim for service connection of a breathing condition is remanded due to the need for clarification on when asthma manifested.

The Board has granted service connection for a low back disability and denied service connection for bilateral hearing loss. Service connection is granted for the Veteran's low back disability due to in-service injury, while her claim for bilateral hearing loss was not supported by evidence of current disability.

The Board has remanded the claims for increased ratings for right foot bunion/hallux valgus with arthritis, status-post left bunionectomy with hallux valgus and arthritis, and lumbar spine degenerative disc disease due to inadequate examination reports.

The Board has remanded the cases for additional medical opinions to address whether the Veteran's left ankle, lower back, and left hip disabilities are caused or aggravated by his service-connected right ankle disability. The current opinions from Dr. RM were inadequate as they did not consider all relevant evidence and failed to discuss the effects of altered gait, impaired weight-bearing, and repeated falls associated with the right ankle.

The Veteran's appeals for increased disability ratings and effective dates have been dismissed as he has withdrawn his appeal.

The Board has remanded the Veteran's claims for a rating in excess of 40 percent for a back condition with osteoporosis, a rating in excess of 10 percent for left hip painful motion with osteoporosis, a rating in excess of 10 percent for right hip painful motion with osteoporosis, a compensable rating for left hip impairment with osteoporosis, a compensable rating for right hip impairment with osteoporosis, a compensable rating for limitation of extension left thigh with osteoporosis, and a compensable rating for right hip limitation of extension with osteoporosis. Additionally, the TDIU claim prior to July 31, 2015 is also remanded.

The Veteran's low back disability is rated at 40 percent, and the rating for right leg radiculopathy prior to February 8, 2016 is granted at 10 percent. The ratings for right leg radiculopathy from February 8, 2016; left leg radiculopathy prior to October 14, 2016 and from October 14, 2016 to January 10, 2017 are all denied. The ratings for right leg peripheral neuropathy, left leg radiculopathy after January 11, 2017, and left leg peripheral neuropathy after January 11, 2017 are also denied.

The Board has remanded the claims for service connection for a back disability and bilateral hip replacement, to include as secondary to a back disability due to inadequate examination in November 2021.

The Board has found that the Veteran's claimed conditions are not related to service, including his parachute jumps. The claims for service connection have been remanded for further examination and opinion.

Your claim for a higher disability rating for left shoulder surgical scar has been granted with a 30% rating effective April 22, 2015. Your other claims have been dismissed.

The Veteran's lumbar spine disability was granted a 40 percent rating from November 5, 2009 to June 17, 2016.

The Veteran's thoracolumbar strain with degenerative arthritis is granted a 20 percent rating from October 29, 2014 to July 21, 2020. A higher rating is denied for the period after July 21, 2020.

The Board dismissed the appeals for increased evaluations of lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy as the appellant withdrew his appeal prior to a decision.

The Board has dismissed all issues of service connection and rating as the Veteran died during the appeal process.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) has been remanded due to the need for extraschedular consideration. The Board found that the Veteran meets the schedular criteria for TDIU as of October 22, 2018, but did not meet it prior to that date.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records.

The Board has determined that the VA opinions obtained in October 2021 are inadequate for several of the issues, and thus these claims must be remanded again to obtain new medical opinions. The Veteran's service connection claims for sleep apnea, back condition, GERD, dyspepsia, headaches, and erectile dysfunction will need to be addressed based on the evidence of record.

The Board has granted service connection for right and left knee disabilities, as well as a back disability and an acquired psychiatric disability (including depressive disorder and other specified stressor disorder). The case is being remanded to obtain updated VA treatment records and schedule the Veteran for a VA examination regarding her heart disability.

The Board denied service connection for lumbar and cervical spine disabilities, finding that the evidence did not support a link between these conditions and active service.