Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for additional development due to inadequate compliance with prior remand directives regarding the nature and severity of his service-connected lower back condition and left knee strain.

The Board has remanded the Veteran's claims for increased ratings and service connection due to inadequate VA examinations throughout the appeal period.

The reduction from 40 percent to 10 percent for the Veteran's thoracolumbar strain effective April 1, 2018, was improper and the 40 percent rating is restored. The matter of a higher rating for the Veteran's thoracolumbar disability is remanded.

The Veteran's appeals for the issues of entitlement to service connection for degenerative joint disease of the lumbar spine and right knee are dismissed due to the death of the appellant.

For the period from January 2, 2014 to August 24, 2020, the Veteran was granted TDIU due to his service-connected disabilities. Beginning August 25, 2020, the Veteran's TDIU is no longer applicable as he has a 100% disability rating for persistent depressive disorder and receives SMC under 38 U.S.C. § 1114(s).

The Board granted a 20 percent rating for lumbar strain effective December 8, 2016. The Veteran's lumbar strain disability is manifested by a combined range of motion to no less than 150 degrees, including forward flexion to no less than 60-65 degrees with consideration of functional impairment.,The Board denied an earlier effective date for service connection for hemorrhoids and lumbar strain. The Veteran's lumbar strain disability arose on May 12, 2015, and the earliest evidence of record of a current hemorrhoid disability is from May 2015.

The Veteran's PTSD with depressive disorder, NOS is granted a 70% rating from November 1, 2011. The Veteran's cervical spine degenerative disc disease remains at a 10% rating.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's current back disability and his service. The case will be returned for further development.

The Veteran's appeal for service connection of a low back condition has been dismissed due to his death.

The Veteran's appeal for a higher rating for tinnitus has been withdrawn.,The Board is remanding the issues of service connection for cervical spine disability, left knee disability, right knee disability, acquired psychiatric disorder (including depressive disorder, chronic anxiety, and posttraumatic stress disorder (PTSD)), type II diabetes mellitus, prostate cancer, erectile dysfunction, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and bilateral hearing loss.,The Veteran's appeal for a higher rating for low back disability is also being remanded.

The Board has remanded the Veteran's claims of service connection for back, neck, radiculopathy of the lower extremities, and recurring rashes due to additional evidence submitted by the Veteran.

The Board has determined that the claims for service connection of a neck disorder, gout, and skin rash need further development due to the need for additional medical opinions. The hypertension claim is also inextricably intertwined with the neck disorder claim.

The Veteran's claims for service connection for fracture of the left fourth digit metacarpal and degenerative arthritis of the lumbar spine were granted effective June 13, 2018.

The Veteran's claims for increased ratings of his service-connected DJD and spinal stenosis of the back, as well as a TDIU due to service-connected disabilities, were denied. The Veteran was not shown to have ankylosis or unfavorable ankylosis at any point during the appeal period.

The Board has remanded the claims for low back disability, bilateral hearing loss, left-hand injury, and right-hand injury due to insufficient development of evidence and inadequate medical opinions. The Veteran's lay statements regarding continuity of symptoms since service are considered.

The Board has remanded the case due to insufficient development and lack of compliance with prior remand instructions. The Veteran's claim for service connection for a low back disability is now pending.

The Board has remanded the case due to inadequate evaluations of the Veteran's lumbar spine disability and associated neurologic abnormalities, as well as the need for an extraschedular rating. The case is being returned to the AOJ for further development.

The Veteran's claims for service connection for back, neck, left and right lower extremity radiculopathy, as well as shoulder disabilities have been granted. The claim for a left shoulder disability is remanded due to the need for further examination, while the claim for a right shoulder disability remains pending.

The Board has denied the Veteran's claims for service connection for a low back disability and a left hip disability, finding that there is no evidence of an in-service injury or disease related to these conditions. The Board also found that the current left hip condition is not secondary to any service-connected disability.

The appeal of the rating in excess of 10 percent for a deviated septum is dismissed. The appeals for service connection for foot and back disabilities are granted, but denied.