Back / lumbar spine decisions — 2022

The Veteran's claims for increased ratings for lumbar strain with DJD and radiculopathy of the left lower extremity were denied. The Veteran's service-connected cervical spine disability was granted a TDIU on an extraschedular basis prior to August 5, 2014.

The Veteran's DDD of the cervical spine and gastritis are granted as service-connected. The Veteran is also remanded for further examinations to determine the severity of his lumbar degenerative disc disease, left knee, right knee, and ulcer conditions.

The Veteran's initial ratings for right and left lower extremity radiculopathy were denied, with the right lower extremity rated at 40 percent since January 4, 2015. The Veteran's thoracolumbar spine disorder was also denied an increased rating beyond 40 percent.

The Board has remanded the Veteran's claims for service connection and rating determinations related to his left ankle, low back, and right shoulder disabilities due to incomplete records and need for further examination.

The Board denied an earlier effective date for a TDIU due to the Veteran's service-connected back disorder, as his other disabilities did not contribute to his unemployability prior to September 13, 2018.

The Veteran's lumbar spine disability was rated at 10 percent prior to February 19, 2019. From February 19, 2019, the rating was increased to 40 percent.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability on an extraschedular basis, finding that his service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Board denied service connection for low back, left knee, and right knee disabilities due to a lack of evidence linking the current conditions to service. The Veteran's in-service injuries were not found to have led to his current degenerative arthritis.

The Board has granted the Veteran's claim for service connection of his cervical spine degenerative disc disease as secondary to his service-connected lumbosacral strain.

The Board denied service connection for OSA, hypertension, GERD, low back disability, and ED all stemming from the Veteran's honorable period of service. The Board found that these conditions did not have their onset during his honorable period of service.

The Board denied the Veteran's claim for service connection for a back disability, finding that his current condition is not related to his military service or any service-connected conditions.

The Veteran's appeal for service connection on the issues of erectile dysfunction, PTSD, a back disability, and an eye disability has been dismissed. The claim for financial assistance in purchasing an automobile or adaptive equipment is granted.

The Board has remanded the Veteran's claims for service connection for a back disability and prostate disability due to inadequate VA medical opinions. The cases are now pending for further development.

The Veteran's PTSD with TBI resulted in occupational and social impairment prior to October 19, 2018. The Board granted a 70 percent rating for this period. Sleep apnea was remanded due to lack of probative value in the November 2020 VA examination. Right knee internal derangement and low back disability were also remanded.

The Veteran's service-connected lumbar spine disability was granted a rating of 20 percent prior to December 12, 2019. From December 12, 2019, the Veteran's claim for a higher rating is denied.

The Board has remanded the cases for further action due to issues related to service connection for a back disorder and sciatic nerve pain. The dental disability claim is denied.

The Board denied a higher rating for the Veteran's cervical spine disability, finding that her symptoms did not meet the criteria for a higher rating based on incapacitating episodes or limitation of motion.

The Board denied the Veteran's claim for service connection for a thoracolumbar scar, finding that there is clear and unmistakable evidence that the condition pre-existed service and was not aggravated by military service.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, citing issues with missing VA and Social Security Administration (SSA) records that may be relevant to substantiating his claim.

The Veteran's left shoulder disability is currently rated at 20 percent, but the Board found that a higher rating is not warranted due to limited range of motion.,The Veteran's lower back disability is currently rated at 40 percent, and the Board found that a higher rating is not warranted as there is no evidence of unfavorable ankylosis.