Back / lumbar spine decisions — 2022

The Board has remanded the case due to inadequate examination and reasoning regarding whether the Veteran's back disorder is service-connected. The appeal involves a claim for secondary service connection for neck disorder as well.

The Veteran's degenerative disc disease and herniated nucleus pulposus with left L5 nerve root compression is rated at 40 percent from June 7, 2017. A separate 20 percent rating is granted for left lower extremity femoral nerve radiculopathy since March 16, 2015.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine, prior to June 27, 2016, and since June 27, 2016. The case is being referred to the Director, Compensation Service, for extraschedular consideration.

The Board has ordered remand for the service connection claims for back, right foot, and left foot disorders. The TDIU claim is also remanded due to its interrelation with the other claims.

The Veteran's right forearm neuropathy is granted a 40 percent rating effective from August 3, 2019.

The Board has decided that the VA needs to obtain additional medical records and provide a new opinion regarding the Veteran's spinal injury residuals. The matter will be returned for further development.

The Board has remanded the case due to deficiencies in a previous VA examination, and a new examination is needed to properly assess the Veteran's lumbar spine disability.

The Veteran's lumbar spine strain is rated at 20 percent, effective August 11, 2014. His right lower extremity radiculopathy and left lower extremity radiculopathy are each granted initial 20 percent ratings, effective August 11, 2014 and April 29, 2019 respectively. The Veteran's PTSD is rated at 70 percent, effective November 15, 2012. His right foot fibromatosis and left foot fibromatosis are granted service connection. His bilateral hip strains are secondary to his knee and ankle disabilities.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to service, as there is no evidence of symptoms or diagnoses in service. The Board finds the Veteran's assertions regarding the onset of these conditions after service more credible than his statements made during service.

The Veteran's appeal regarding the reduction in his rating for a lumbar spine disability and his claim for an increased rating have been dismissed as he has withdrawn both appeals.

The Board has granted service connection for the Veteran's left knee, back, and left hip conditions as secondary to his service-connected left knee condition.,However, the Veteran's claim for service connection of a left shoulder condition is remanded due to insufficient evidence.

The Veteran is granted a TDIU rating from February 21, 2008 to March 29, 2013.,The Veteran is denied a TDIU rating prior to February 21, 2008.

The Board has determined that the Veteran's back disability is related to his active duty service and grants service connection for this condition.

The Board has remanded the case for further examination and opinion regarding the Veteran's service-connected cervical spine disability, as well as a TDIU claim. The issues are inextricably intertwined.

The Veteran's appeals for service connection and increased ratings have been dismissed due to the Veteran's withdrawal of his claims.,Additional VA examinations are needed to determine if the Veteran has current sinus, dysphagia, carpal tunnel syndrome, right arm disability, allergic rhinitis, asthma, cervical spine, lumbosacral spine, multiple sclerosis with left eye optic neuritis, and dysthymic disorder disabilities that are related to service.

The Board has remanded the Veteran's claims for service connection for various disabilities due to outstanding records and need for new VA opinions.

The Board has remanded the claims for lumbar spine disability and TDIU due to service-connected disabilities, including a request for an addendum opinion on secondary service connection.

The Veteran's low back disorder is currently rated at 40 percent, effective from April 27, 2021. The Board has granted a higher rating for the period after April 27, 2021.

The Board has remanded the issues of service connection for low back, right knee, left knee, right ankle, left ankle, and right arm disabilities due to lack of VA examiner opinions on their etiology. The Veteran's lay statements regarding symptoms during and since service are considered in formulating these opinions.

The Board has remanded the claims for service connection for various knee and hand disorders due to incomplete records. The Veteran's VA examinations, pain management records, inpatient records, and neurosurgery records need to be associated with the file.