Back / lumbar spine decisions — 2022

The Veteran's right knee disability has not resulted in limitation of flexion to 30 degrees or less, resulting in a denial for ratings in excess of 10 percent.,The Veteran's left knee disability has not resulted in limitation of flexion to 30 degrees or less, resulting in a denial for ratings in excess of 10 percent.,A separate 10 percent rating is granted for right knee instability from April 19, 2016 and for left knee instability from the same date.,Service connection is granted for chronic low back pain, radiculopathy of the lumbar region, muscle spasms, and sprain of ligaments of the lumbar spine.

The Veteran's appeal is being remanded for additional examinations and consideration of the issues related to his service-connected conditions, including bruxism (claimed as teeth grinding), migraine headaches, PTSD, lumbar strain, reactive airway disease, rheumatoid arthritis of the bilateral knees, tinnitus, restless leg syndrome, left elbow chronic epicondylitis, right foot plantar fasciitis, allergic rhinitis, status-post right 4th metacarpal fracture, bilateral shin splints, erectile dysfunction, scars on the bilateral knees and left elbow, right great toe onychomycosis, and acne.

The Veteran's application to reopen his claims for service connection for headaches, left ankle disability, right ankle disability, and low back disability has been granted.,The Board is remanding the cases of headaches, left ankle disability, and right ankle disability for further development.

The Board has remanded the claims for service connection for low back disorder, right hip trochanteric bursitis, and bilateral pedal edema due to failure of the Veteran to attend his scheduled VA examinations. The case is now pending for new examination.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Board has denied service connection for cervical spine condition, sciatic nerve radiculopathy (both lower extremities), bilateral lumbosacral disorder, and migraines. The claims of service connection for PTSD, depression and anxiety, and sleep disorder are remanded.

The Board has remanded the case due to insufficient reasons and bases for denying service connection for a back disability. The Veteran's lay statements about symptoms and in-service injury are considered, along with a March 1980 service medical record and a November 2017 letter from his private physician.

The Veteran's service-connected conditions do not require the regular aid and attendance of another person at any point during the period on appeal, thus his claim for SMC based on need for regular aid and attendance is denied.

The Veteran's claims for service connection for various knee, back, shoulder, ankle, foot, hip, fibromyalgia, acid reflux with nausea, erectile dysfunction, and chronic fatigue syndrome have been denied as new and relevant evidence has not been presented to support these claims.,Specifically, the Board found that there is no medical evidence linking any of these conditions to service or any other related factors.

The Board has granted a rating of 40 percent for the Veteran's service-connected lumbar spine disability, effective from August 17, 2021. The decision is based on evidence showing functional impairment due to pain and additional loss in range of motion during flare-ups.

The Veteran's right and left ankle disabilities are currently rated at 20 percent each, effective from the date of the remand order.,Both ankles have been found to exhibit marked limitation of motion due to swelling, instability, chronic pain, functional loss, and flare-ups.

The Board has denied the Veteran's claims for service connection for a back disorder, left leg disorder, and left arm disorder as secondary to his service-connected pericarditis. The claim for PTSD due to military sexual trauma was granted.

The Board has remanded the case due to insufficient medical examination and opinion regarding the Veteran's low back disability, including its relationship to service or a service-connected condition.

The Board has remanded the claims for service connection and evaluation of a low back disorder and fractured left fibula due to insufficient consideration of the Veteran's reports of pain and incomplete treatment records. The case will be returned to review after obtaining additional medical opinions and private treatment records.

The Board has determined that the Veteran's claims for service connection for tuberculosis, bilateral knee disabilities, and lower extremity neurological/vascular disabilities are remanded due to insufficient evidence of record. The right arm disability claim is also remanded.

The Board has determined that the Veteran's current back disability is related to her military service, and thus service connection for a back disability is granted.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment for the period from January 24, 2009, to August 12, 2020. The Board has granted a TDIU on an extraschedular basis during this period.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate prior to May 28, 2019 was denied as he did not meet the criteria of being permanently and substantially confined to his immediate premises due to service-connected disabilities.

The Veteran's claim for a compensable rating for residuals of squamous cell carcinoma is denied.,Service connection for hypertension, Barrett's esophagus, and lumbar spinal stenosis (back disability) are remanded due to the need for additional development.

The Veteran's lumbar spine degenerative changes are currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 5242.,The Veteran's residuals of tailbone injury with forward angulation of coccyx are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 5298.