Back / lumbar spine decisions — 2022

The Veteran's unspecified depressive disorder was rated at 30%, 50%, and 70% from February 5, 2015, June 23, 2017, and August 1, 2021 respectively. The rating for lumbar strain with degenerative joint/disc disease and intervertebral disc syndrome was rated at 40%. Both ratings were denied.,The Veteran's unspecified depressive disorder did not meet the criteria for a higher rating as it did not cause occupational and social impairment in most areas.

The Veteran's claims for service connection of residuals of left foot calcaneus stress fracture, right fractured talus and ankle injury, and low back disability have been remanded due to insufficient evidence.

The Board has remanded the issues of entitlement to service connection for sleep apnea and a thoracolumbar spine disability, as these conditions are secondary to other service-connected disabilities. The Veteran's appeals regarding right knee patellofemoral arthritis and left knee arthritis have been reduced from 30 percent to 10 percent effective February 25, 2016.

The Board has remanded three issues: service connection for PTSD, service connection for bilateral knee arthritis, and service connection for a back condition claimed as secondary to the knees. The reasons include unresolved stressor verification, incomplete consideration of STRs in some cases, and need for further medical opinions.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional medical opinions are needed to determine the etiology of his left shoulder disorder, lumbar spine disorder, right wrist disorder, and bilateral hearing loss.

The Board has remanded the claims for additional medical inquiry due to significant worsening of the Veteran's left shoulder and back disabilities since their last examinations in November 2018. The Veteran is required to undergo a current examination to assess the severity of his disabilities.

The Board has remanded the case due to insufficient evidence for an extraschedular TDIU from June 4, 2012, to January 31, 2020.

The Board has remanded the Veteran's claims for a higher rating for her low back disability and for service connection for chest pain, as secondary to her low back disability. The case will be returned for further development.

The Board has remanded the Veteran's claims of service connection for hepatitis and a back disability due to incomplete records and need for additional medical opinions.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his knee and foot disabilities, as well as his lumbar spine disability. The issues include prepatellar effusion of both knees, degenerative arthritis with calcaneal spurs in both feet, and a disc bulge in the lumbar spine.

The Board has remanded the case for further consideration due to deficiencies in the March 2013 VA examination and because of the Veteran's back disability not resulting in ankylosis.

The Board has granted service connection for degenerative disc disease of the cervical and lumbosacral spine. The remaining issues, including sleep disorder, erectile dysfunction, hemorrhoids, constipation, and TDIU, are being remanded due to incomplete records.

The Veteran's low back disorder and associated radiculopathy have been granted increased ratings, with the left lower extremity radiculopathy receiving a higher rating since October 5, 2020.

The Board has found that there has not been substantial compliance with its remand directives and has decided to remand the Veteran's claims for further action, including obtaining an adequate VA etiological opinion regarding his low back disability. The TDIU claim is also being referred to the Director of Compensation Service for consideration of an extraschedular TDIU award prior to March 29, 2012.

The Board has remanded the case due to inadequate medical evidence in the September 2019 VA examination, specifically regarding the Veteran's functional loss during flare-ups. The examiner is required to obtain information about the severity, frequency, duration, precipitating and alleviating factors of flares from the Veterans themselves.

The Board denied a higher rating for the Veteran's low back disability, finding that the evidence did not support a rating higher than 10 percent for the period prior to October 1, 2010.

The Veteran's claims for increased ratings for his service-connected cervical spine and thoracolumbar spine disabilities have been denied. The effective date remains the date of claim, September 11, 2013.

The Board has remanded the Veteran's claims for service connection for right knee degenerative arthritis, left knee degenerative arthritis, and low back disability due to potential pre-existing conditions and lack of clear and unmistakable aggravation.

The appeal for service connection for bilateral hearing loss is dismissed. The appeals for lumbosacral strain, a bilateral peripheral nerve condition (sciatica), and pes planus are remanded.

The Veteran's TDIU claim is granted as of August 27, 2016, due to multiple service-connected disabilities preventing him from securing or maintaining substantially gainful employment.