Back / lumbar spine decisions — 2022

The Veteran's lumbar degenerative disc disease and lumbosacral strain, along with associated left and right lower extremity radiculopathy, are granted service connection.,The Veteran's left and right lower extremity radiculopathy associated with his lumbar degenerative disc disease and lumbosacral strain are also granted service connection.,Service connection for an acquired psychiatric disorder, including anxiety, depression, and PTSD, other than residuals of meningitis to include organic brain disease is denied.

The Veteran's service-connected disabilities are rated at a combined 80 percent and 90 percent from October 17, 2017. The Board has granted a TDIU rating for this period. However, the claims for increase in right ankle disability and SMC for loss of use of the right foot remain pending as they were not fully adjudicated.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of an in-service injury or disease and that the current condition is not related to his service-connected pes planus.,The Board has also remanded the issues of service connection for left and right knee disabilities, as well as acquired psychiatric disorder (other than PTSD), all secondary to the Veteran's service-connected pes planus.

The Veteran's lumbar spine strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left leg radiculopathy is currently rated at 10 percent, and the Board also finds no basis for a higher rating.

The Board has remanded the claims for service connection of low back and right leg disabilities due to a lack of substantial compliance with previous remand orders. The Veteran's National Guard records, specifically those related to his assignment in Brooklyn, New York, need to be obtained.

The Board dismissed the Veteran's appeals regarding service connection for an acquired psychiatric disorder, a rating in excess of 20 percent for a back disability, and ratings in excess of 10 percent for right and left knee disabilities due to the Veteran's withdrawal of the appeal prior to decision.

The Board has remanded the claims for additional development, including obtaining VA and private medical records and conducting new examinations. The Veteran's service-connected disabilities are being evaluated to determine if they render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the claims for service connection due to incomplete records, and requests that the Veteran provide any missing private treatment records related to his lumbar spine disability.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the nature and etiology of the Veteran's neck disability and PTSD.

The Board has granted a 20 percent disability rating for the service-connected residuals of a compression fracture of the thoracolumbar spine with traumatic arthritis prior to February 8, 2018. The Veteran's back disability is rated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeals for increased ratings and a TDIU prior to November 4, 2019 have been dismissed as the Veteran withdrew all pending claims.

The Board has remanded the issues of service connection for a back condition, diabetes mellitus, left eye condition, and congestive heart failure and cardiomyopathy due to incomplete development.

The Board denied the Veteran's claim for service connection for chronic pain syndrome, finding that his symptoms of lower back, tailbone, and leg pain are attributable to his already service-connected right hip arthritis, degenerative arthritis of the lumbosacral spine (back disability), left acetabular fracture with hip arthritis (left hip disability), and L5-S1 radiculopathy of the right leg with sciatic nerve involvement.

The Board granted the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that he developed an additional right lumbar nerve root disability from VA medical treatment that was not reasonably foreseeable.

The Board dismissed all claims due to the Veteran's death.

The Board has granted service connection for the Veteran's back disability, finding that it began during his active service and is related to his in-service injury.

The Board has granted service connection for low back strain, right patellofemoral pain syndrome of the right knee, left wrist sprain, and right wrist sprain. The decision is based on the Veteran's consistent assertions of in-service onset and continuity of symptoms.

The Board denied the Veteran's claims for an earlier effective date for TDIU, a rating in excess of 10 percent for lumbar spondylosis/ DDD prior to March 29, 2014, and a rating in excess of 20 percent thereafter. The claim for an extraschedular rating was also denied.

The Board has remanded the claims of service connection for cervical and lumbar spine disabilities due to inconsistencies in the evidence, including conflicting statements about the nature of the Veteran's in-service injuries. The AOJ is instructed to obtain new records from SSA and clarify the Veteran's account of his in-service neck injury or injuries.

The Veteran's acquired psychiatric disorder is granted, but the service connection for bilateral lower extremity radiculopathy as secondary to a back disability is remanded.