Back / lumbar spine decisions — 2022

The Veteran's initial claim for a higher rating for unspecified depressive disorder has been granted, with the highest possible rating of 70 percent effective October 7, 2020.,The Veteran's TDIU claim has also been granted.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine DDD and associated RLE sciatic radiculopathy due to incomplete VA treatment records, inadequate medical examination, and failure to define terms used in the rating criteria.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection. The lumbar spine, left leg, and right leg disabilities are denied.

The Board has denied the Veteran's claim for service connection for degenerative disc disease of the lumbar spine (low back disability) as it did not manifest during active service or within a year of separation, and there is no evidence linking his current condition to an in-service injury.

The Veteran's service-connected disabilities are not sufficiently severe to inhibit his ability to obtain gainful employment, and the Board denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has found the Veteran's testimony credible and remands for further examinations to determine if his current back, hip, knee, and sciatica disabilities are related to service-connected bilateral pes planus. Additional VA medical records were obtained after the SOC was issued but not considered in the decision.

The Board denied the Veteran's claims for service connection for low back pain, sleep apnea, and headaches. The evidence did not establish a nexus between these conditions and his military service.

The Board has granted service connection for DDD of the thoracolumbar spine and peripheral neuropathy of the bilateral upper and lower extremities, finding that these conditions are at least as likely as not related to service.

The Veteran's claims for increased ratings were denied. The claim for bronchitis was denied as the current level of disability does not meet the criteria for a compensable rating. For hypertension, a 10 percent evaluation is granted from August 30, 2019 to September 1, 2020 and denied thereafter. A 10 percent evaluation is also granted for lumbosacral strain with degenerative arthritis of the spine and levoscoliosis prior to September 2, 2020.

The Board vacated the November 18, 2021 decision denying service connection for the Veteran's cause of death due to new evidence submitted by the appellant. The appeal is now considered reopened and will be reconsidered.

The Board has granted service connection for right foot osteoarthritis with calcaneal spur, a back disorder, and myelopathy and neuropathy of the right and left lower extremities. The decision is based on direct service connection due to in-service injuries.

The Board has granted service connection for a low back disorder. The cases of the left knee, right knee, and lower extremity radiculopathy disorders are remanded due to insufficient medical opinions.

The Veteran's claim for higher ratings for her low back disability is being remanded due to the need for a new VA examination to assess the current severity of her condition.

The Veteran's lumbar spine disability and sciatic radiculopathy of both lower extremities are granted increased ratings. The Veteran is also granted TDIU based on PTSD and SMC due to housebound status.

The Board denied a rating in excess of 20 percent for the Veteran's lumbar spine condition prior to May 15, 2018 due to lack of evidence showing limitation of flexion or ankylosis.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected conditions caused or aggravated his obesity, which in turn may have contributed to his sleep apnea.

The Board has remanded the case due to errors in obtaining VA treatment records and for a new examination to determine if the Veteran's low back disability is related to service.

The Board denied service connection for right ear hearing loss and a rating in excess of 40 percent for low back disability (exclusive of a period of temporary total rating from April 28, 2014 to April 30, 2015).

The Veteran's cervical spine disability was rated at 20 percent prior to April 6, 2021, and increased to 30 percent thereafter. The claim for a higher rating remains denied.,From April 6, 2021 onwards, the Veteran's right upper extremity radiculopathy is rated at 40 percent. The claim for a higher rating remains denied.,The Veteran was granted a separate rating of 10% for tension headaches associated with his cervical spine disability.

The Veteran's miscarriage during service was granted as service-connected, and she is also entitled to increased ratings for her right knee and back disabilities.,The Veteran's bilateral hearing loss and tinnitus are being remanded for further development.