Back / lumbar spine decisions — 2022

The Board has denied the Veteran's claims for service connection for bilateral pes planus and remanded the claim for service connection for a lumbar spine disorder. The case is now being returned to the AOJ for further proceedings.

The Veteran's claim for a higher disability rating for his low back disability was denied as the evidence did not show complete ankylosis of the thoracolumbar spine or its functional equivalent.,The Veteran's claim for TDIU due to service-connected conditions, specifically his low back disability and major depression, was also denied. The Board found that he is already in receipt of a combined 100% rating.

The Veteran seeks service connection for a right ankle disability, which he contends is due to an injury sustained during his military service. The Board finds that this issue requires further development and remands the case.

The Veteran's claim for a higher disability rating for his lumbar spine condition is remanded due to the need for additional development, including obtaining private treatment records and providing an addendum opinion regarding lower extremity radiculopathy.

The Board denied service connection for a right knee condition and a back condition, finding that the evidence does not support a direct relationship to service. The claims were remanded for further examination.

The Veteran's appeal is remanded for additional examinations and development to determine the severity of his migraine headaches, lumbar spine disability, and TDIU claim. The issues include increased ratings for migraines and lumbar pathology with right leg radiculopathy, as well as a TDIU based on service-connected disabilities.

The Veteran's lumbar spine disability was rated at 10% prior to December 13, 2019 and increased to 20% effective that date. The current rating of 20% for the lumbar spine disability from December 17, 2021 onward is denied.,The Veteran's sciatica of the lower right extremity was rated at 20% effective December 17, 2021 and his sciatica of the lower left extremity was also rated at 20% effective that date. Both ratings are denied.

The Board has remanded the cases for further development, including obtaining a new VA examination to address whether the Veteran's service-connected bilateral foot disabilities caused or aggravated his lumbar spine disability. The TDIU claim is also being remanded due to its inextricably intertwined nature with the other issues.

The Board has remanded the Veteran's claims for service connection due to insufficient information regarding his reported stressor and lack of verification, as well as other issues related to his back, lungs, hands, and respiratory system. The Veteran will need to provide authorization for release of medical records from certain providers and undergo VA examinations.

The Veteran's claims for increased ratings and service connection were denied. Service connection was not granted for a residual scar of the left side of face, and his lumbar spine disability was rated at 20 percent prior to October 19, 2020, and 40 percent from that date onwards.

The Veteran's claim for a clothing allowance for 2015 due to use of a back brace is being remanded. The VA needs to obtain and associate records concerning the precise model/specifications of the Veteran's lumbar support orthotic, including any prior clothing allowances granted.

The Veteran's low back disability was found to not meet the criteria for a rating in excess of 10 percent prior to October 12, 2021, and in excess of 40 percent from that date onward.

The Board has found the most recent VA examination inadequate to decide the claim and has remanded for further evaluation of the Veteran's lumbosacral strain disability.

The Veteran's appeal for higher ratings on his left knee disability, bilateral hearing loss, and back disability was granted. He is now in receipt of a 60% rating for the left total knee replacement residuals from December 1, 2019 forward.

The Board has granted service connection for the Veteran's back and neck disabilities, finding that these conditions are related to in-service motor vehicle accidents.

The Veteran's claims for service connection for headaches, lower back condition, acquired psychiatric disability (including PTSD and major depressive disorder), left hip injury, and skin rash on buttocks and chest have been granted. The cases of the left hip injury and skin rash are not currently considered as they do not meet the criteria for a current disability.

The Veteran's sleep disorder, including as due to an undiagnosed illness related to Southwest Asia Gulf War service and secondary to his service-connected other specified depressive disorder with anxiety disorder, has been granted.,The Veteran's headaches have also been granted.

The Board has remanded the claims for back disability, headaches, bilateral foot condition, diabetes mellitus, prostate cancer, and acquired psychiatric disorder due to issues with obtaining additional medical opinions.

The Veteran's lumbar spine strain is rated at 20 percent, the maximum under the rating criteria. The Board finds no evidence of a current right-hand disability separate from his already service-connected right thumb disorder and denied this claim. The Veteran's cervical spine degenerative disease, radiculopathy of the upper extremities, and elbow conditions are all rated as they currently manifest.

The Veteran's bilateral hearing loss disability, tinnitus, back disability, right knee disability, and left knee disability are all granted as service-connected.,Service connection is established for these conditions based on in-service injury or exposure.