Back / lumbar spine decisions — 2022

The Veteran's lumbar spine degenerative arthritis with lumbosacral strain is rated at 10 percent, and the Board has remanded for further development. The issues of service connection for various other disabilities remain pending.

The Board has remanded the claims for service connection for left knee, low back, and left elbow disabilities due to incomplete records and inadequate opinions regarding aggravation.

The Board has remanded the Veteran's claims for service connection for a right knee disorder and a lumbar spine disorder due to unclear medical opinions and lack of evidence.

The Board has decided to remand the case due to a need for a VA examination to assess the current severity of the Veteran's generalized arthralgias, as it affects his lumbar spine and joints such as shoulders, elbows, knees, hands, and thumbs. The Veteran reported worsening joint pain since the last examination in March 2020.

The Veteran's claims for service connection for back disability, chronic fatigue syndrome, and chronic pelvic pain have been denied. The Board found no current disabilities related to these conditions.,For the condition claimed as due to asbestos exposure, the Veteran has not provided evidence of a current disability or persistent symptoms that may be associated with her in-service exposure.

The Board has granted a 20 percent rating for the Veteran's thoracolumbar spine strain, effective from November 5, 2021. The condition is rated under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the claims for service connection for various lower extremity disabilities, including as secondary to a service-connected left ankle disability.

The Veteran's dizziness is caused by her service-connected left ear hearing loss. The Board also granted service connection for a sleep disorder (OSA), joint pain/arthritis, and low back disability, finding that these conditions are related to her in-service physical training. Service connection was denied for the sinus condition.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to February 13, 2018.

The Board has determined that additional development is needed to determine the current severity of the Veteran's service-connected low back disability and to provide a retrospective opinion regarding its severity prior to November 5, 2005. The case is being remanded for these purposes.

The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Board denied service connection for a neck disability, granted an initial 50 percent rating for left upper extremity disability, and denied increased ratings for left ankle disability and left ankle instability. The TDIU claim was also denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for various conditions. The claims are granted, but several issues remain unresolved and need further review.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for OSA, increased ratings for PTSD and lumbar spine disability, as well as his TDIU claim. The Veteran will need to provide updated VA Form 21-8940 and any relevant SSA records.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to March 3, 2018. The Board granted a TDIU on an extra-schedular basis.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disorder, finding that there was no evidence of an in-service injury or disease and that arthritis did not manifest to a compensable degree within one year of separation from service. The Board also found that the Veteran's statements regarding the onset and continuity of his symptoms were inconsistent with medical records.

The Board has remanded the Veteran's claims for increased ratings for cervical and lumbar spine disabilities, as well as left and right upper extremity radiculopathies due to new evidence of disability severity.

The Veteran's right knee patellofemoral syndrome is rated at 10% for limitation of motion, but not for instability. The case is remanded as the Veteran also claims service connection for a low back disorder secondary to his right knee condition.

The Veteran's claims for service connection for cold injury residuals and a low back condition are being remanded due to the Board relying on an examiner's opinion that did not adequately account for lay evidence. The cases will be returned for further examination and consideration of all relevant evidence.

The Board has decided to remand the Veteran's claims for cervical, lumbar, bilateral shoulder, and bilateral elbow disabilities due to inadequate opinions from VA examiners. The case will be returned for further examination and opinion.