Back / lumbar spine decisions — 2022

The Veteran's lumbar degenerative disc disease is rated at 40 percent for the entire period on appeal, but he is also seeking a TDIU. The Board has found that his lumbar spine disability impacts his ability to perform any type of occupational task and that he has been unable to work due to his lumbar spine disability since June 2021.

The Veteran's DDD of the thoracic spine, right hip bursitis and osteoarthritis, left hip condition, hernia residuals, and MDD and other specified anxiety disorder are all granted as service-connected.,Service connection is established for these conditions based on continuity of symptomatology since service.

The Board has granted service connection for a back disorder as secondary to the Veteran's service-connected foot and knee disabilities. The decision is based on evidence showing that the Veteran's current back issues are caused by or aggravated by his service-connected foot and knee conditions.

The Board has remanded the claims for service connection for low back, left hip, and right hip disorders as secondary to service-connected knee and foot disabilities due to inadequate medical opinions.

The Veteran's right hand pain condition is denied as there is no current diagnosis of a right hand disability, including due to pain.,A compensable evaluation for allergic rhinitis prior to March 9, 2021, is denied. The evidence does not show an increase in symptoms warranting a higher rating at that time.,An evaluation in excess of 10 percent for lumbosacral strain prior to December 8, 2021, is denied. The Veteran's symptoms did not meet the criteria for a higher rating based on range of motion or other factors.,A 40 percent evaluation for lumbosacral strain effective March 9, 2021, is granted as it was first factually ascertainable that her condition met this criterion at that time.,An evaluation in excess of 40 percent for lumbosacral strain on or after March 9, 2021, is denied. The Veteran's symptoms did not meet the criteria for a higher rating based on range of motion or other factors.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to his active military service. The decision also addressed secondary service connection claims but ultimately found insufficient evidence to support these claims.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and bilateral hip disability due to issues with compliance with VA's duty to assist.

The Board has decided to remand the case due to insufficient examination and new evidence of worsening symptoms, requiring a new VA examination.

The Veteran is granted a total rating based on individual unemployability due to service-connected disabilities prior to May 5, 2017. The Veteran's TDIU claim was denied previously but the Court remanded it for further action.

The Board has remanded the Veteran's claims for increased evaluations and TDIU due to incomplete medical records, new evidence not yet considered, and potential interrelatedness of issues.

The Veteran's appeals for Traumatic Brain Injury and TDIU were dismissed due to the Veteran requesting to withdraw his appeal.,The remaining issues of service connection for various disabilities, including a right knee disability, low back disability, gastric disorder, neck disability, and right upper extremity radiculopathy are remanded for further development.

The Board has granted service connection for bilateral pes planus and lumbar spondylosis with facet arthropathy, finding that the Veteran's current disabilities are related to his in-service symptoms. Service connection was also granted for major depressive disorder with somatic symptom disorder.,Service connection for a back disability is granted as it is found to be secondary to service-connected bilateral pes planus.

The Board has remanded the Veteran's claims of service connection for right knee, left knee, and low back disabilities due to new medical opinions being needed.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for a low back disability, sciatica as secondary to a low back disability, and an acquired psychiatric disorder. The issues are being remanded.

The Veteran's right and left lower extremity lumbar radiculopathies are rated at 20% each, with a 40% rating for both sides from May 5, 2015.,TDIU is granted effective from May 29, 2013.

The Board denied the Veteran's claims for service connection for facial basal cancer and an increased rating for his low back disability. The Board found no evidence to support a relationship between the Veteran's current conditions and his active military service.

The Veteran was granted a TDIU on an extraschedular basis prior to June 9, 2021 due to his service-connected lumbar spine disability and depressive disorder.

The Veteran's back disability has not resulted in the required range of motion for a higher rating prior to May 23, 2016 and from May 23, 2016 onward. The right knee disability does not meet the criteria for a higher rating.,The Veteran's right knee limitation of motion is currently rated as 10 percent disabling.

Asthma was granted service connection effective March 26, 2015.,Right knee joint osteoarthritis and right wrist osteoarthritis were granted service connection effective October 3, 2014.

The Board has determined that the VA examinations are inadequate and remands the cases for further development, including obtaining new medical opinions to address the Veteran's claims of service connection for thoracic spine condition, low back injury, and chronic headaches.