Back / lumbar spine decisions — 2022

The Board has remanded the case due to the Veteran's inability to attend VA examinations within a 10-mile radius of his home. The claim will be returned for further action.

The Veteran's claim for a higher rating for thoracolumbar degenerative joint disease, L5-S1 disc narrowing, and T12-S1 osteophytes is granted with an effective date of January 1, 2014.

The Veteran's claims for service connection for thoracolumbar disc herniation with intervertebral syndrome, right hip osteoarthritis with status-post right total hip arthroplasty, and left hip strain have been reopened. The Board has granted service connection for a lumbar spine disability as secondary to the Veteran's now service-connected lumbar spine disability, and also grants service connection for right and left hip disabilities as secondary to his lumbar spine disability.

The Board has remanded the case due to noncompliance with previous remands. The Veteran's claim for service connection for low back disorder, including degenerative disc disease (DDD), is now being reviewed again.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations to assess her service-connected disabilities.

The Veteran's service-connected disabilities render her so helpless as to need the regular aid and attendance of another person, which is granted.

The Board has remanded the Veteran's claims for a disability rating in excess of 20 percent for his bilateral feet disabilities and service connection for a back disability due to new evidence being sought. The TDIU claim is also remanded as it may be impacted by these issues.

The Board has remanded the Veteran's claims for an initial rating in excess of 20 percent for his lumbar strain with herniated disc, osteoarthritis and impingement of the bilateral L5-S1 nerves, as well as a TDIU claim due to marked interference with employment. The Veteran is advised to provide supporting medical evidence regarding his low back disability and periods of marked interference with employment.

The Veteran's claims for increased ratings for his left shoulder and lumbosacral paravertebral myositis are remanded due to inadequate examination reports. The VA examiner is instructed to provide estimates of additional range of motion loss during flare-ups, as well as the degree at which pain begins.

The Veteran's initial claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The disability is currently rated at 10 percent, which reflects limitation of motion with forward flexion to 90 degrees and combined range of motion greater than 120 degrees.

The Veteran's service-connected disabilities were of sufficient severity to have precluded him from obtaining and maintaining substantially gainful employment prior to his death, leading to a TDIU being granted.

The Board has determined that the Veteran's service connection claims for various conditions, including knee disabilities and HIV-related cancer, are remanded due to insufficient evidence. The VA will schedule examinations to determine the nature and etiology of these conditions.

The Veteran's initial increased rating claim for dysthymic disorder from June 4, 2012 was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating than 70 percent. The Veteran's entitlement to TDIU since June 4, 2012 was granted.

The Veteran's back disability, including associated radiculopathy and rectal sphincter control issues, is remanded for further examination to determine the extent of functional loss during flare-ups. The issue of SMC based on need for aid and attendance is also remanded.

The Veteran's PTSD with unspecified bipolar and related disorder was denied increased ratings prior to September 28, 2020 and from that date onwards. His back disability (IVDS with degenerative changes) was also denied an increased rating. The effective date for the assignment of a 50% disability rating for PTSD with unspecified bipolar and related disorder was granted as August 14, 2017. Claims to reopen service connection for left knee disorder, right knee disorder, right hand disorder, and neck disorder were granted, while claims to reopen service connection for chest condition and jaw condition were denied.

The Board has decided to remand the case due to an inadequate examination and a need for further proceedings, including a new examination addressing the Veteran's service treatment records and her alleged motor vehicle accident.

The Veteran's appeals for a compensable rating for his right ring finger scar and a higher rating for his lumbar strain prior to August 11, 2020 were denied. The appeal for a higher rating for his lumbar strain since August 11, 2020 is pending.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment throughout the appeal period. The Board denied his claim for TDIU as he is employed full-time.

The Board has remanded the claims for bilateral wrist condition, lumbar spine condition, right ankle condition, and acquired psychiatric disorder (including depression, anxiety, PTSD and insomnia) due to incomplete service records and inadequate nexus opinions.

The Board has decided that additional medical records are needed to properly assess the Veteran's lumbar spine condition, and thus remands the case for further development.