Back / lumbar spine decisions — 2022

The Board has remanded the case due to inadequate medical opinions and the need for additional evidentiary development, including obtaining VA treatment records and considering lay statements regarding the Veteran's back disabilities.

The Board has remanded the claims for a rating in excess of 10 percent for lumbosacral strain with degenerative arthritis prior to August 28, 2020 and for a separate compensable rating for right lower extremity sciatic nerve radiculopathy prior to that date. The issues are related to the service-connected conditions.

The Board has remanded the issues of initial ratings for lumbar spine and gastric ulcer disabilities due to insufficient compliance with prior directives. The Veteran's lumbar spine disability is currently rated at 10 percent, but the evidence does not support a higher rating as it fails to meet criteria for any higher rating based on limitation of motion or IVDS.

The Veteran's bilateral hearing loss is rated at 40 percent, but no higher. The Board found that the preponderance of evidence did not support a higher rating for his hearing loss. For the low back and left knee disabilities, additional development is needed as there are incomplete VA examination reports.

The Board has remanded the claims for service connection for a cardiac disability, to include PSVT, and for an increased rating for degenerative joint disease of the sacroiliac joint and lumbar spine. The TDIU claim is also remanded.

The Board has reopened the Veteran's previously denied service connection claims for inguinal hernia, right shoulder disorder, eye disorder, heart disorder, gastrointestinal disorder (including GERD, hiatal hernia, esophagitis, Barrett's esophagus, and chronic gastritis/duodenitis), and low back disorder. The Board has also remanded these issues to obtain additional evidence and for further examination.

The Veteran's lumbar spine disability was rated at 20 percent prior to December 16, 2020 and denied for a higher rating from that date. The Board found the evidence did not meet criteria for a higher rating.

The Veteran's claim for an increased rating for cervical spine disability prior to October 5, 2021 and thereafter is denied as the evidence does not support a finding of unfavorable ankylosis or forward flexion of less than 15 degrees.

The Board has remanded the Veteran's claims for service connection for neck and back conditions due to inadequate VA medical opinions. The Veteran will need another in-person examination to provide a complete written history, including all statements and reports made by the Veteran as to his military service.

The Veteran's application for reimbursement of beneficiary travel expenses from August 22, 2018, through September 19, 2018 was timely submitted and the appeal is granted.

The Board has remanded the Veteran's claims for service connection due to Gulf War illness for additional examinations and opinions regarding his claimed conditions, including genetic autoimmune disorders, joint pain, uveitis, and erectile dysfunction.

The Veteran's claim for a rating in excess of 10 percent for his service-connected lumbar spine stenosis with IVDS prior to May 18, 2021, and a rating in excess of 20 percent thereafter was denied. The RO granted an increased rating of 20 percent effective May 19, 2021.

The Veteran's service-connected back disability has not manifested to unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, thus preventing a higher rating.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to a compensable rating for right ankle disability, service connection for left ankle disability, low back disability, and obstructive sleep apnea. The Veteran will need to provide medical records and undergo VA examinations.

The Board denied the Veteran's claims of service connection for lumbar spine, right knee, left knee, chronic headache, and left shoulder disabilities due to a lack of evidence showing these conditions began during or were related to his military service.

The Veteran's hepatitis C is granted as service-connected, with the Board finding that his current condition is at least as likely as not related to in-service tattoos and body piercings.,Service connection for low back disability was denied. The Board found no evidence of an in-service injury or disease leading to the current condition, which has been present since 2008.

The Board denied the Veteran's claims of service connection for back, right knee, and neck disabilities due to a lack of evidence linking these conditions to his active service. The Board found that any current chronic conditions are more likely related to aging or obesity rather than in-service injuries.

The Veteran's appeal for an increased rating in excess of 20 percent for chronic lumbar strain is remanded due to the need for a retrospective medical opinion regarding functional limitations during flare-ups and repetitive use.

The Veteran's schedular rating for DDD of the lumbar spine was reduced from 40 percent to 20 percent. The Board has determined that this reduction was improper and has granted restoration of the 40 percent rating, effective October 21, 2021. The issue of an increased rating in excess of 40 percent for DDD of the lumbar spine is remanded.

The Veteran's low back disorder is granted service connection, and his hepatitis C rating remains at 10 percent prior to June 7, 2021.