Back / lumbar spine decisions — 2022

The Board has determined that new and material evidence has been received to reopen the claims for service connection of low back, left knee, right ankle disabilities and IBS secondary to PTSD. The cases are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Board has remanded the Veteran's claims for additional development due to inadequate VA medical opinions. The claims include increased rating and TDIU issues related to lower back condition and left lower extremity sensory deficit.

The Board has remanded the Veteran's claims for service connection for left and right foot and ankle disorders, as well as a back disorder secondary to those conditions. The case is being returned for further development.

The Veteran's claim for increased ratings for low back sprain, degenerative joint disease and bilateral plantar fasciitis was denied. For the low back disability, a rating greater than 20 percent prior to September 20, 2021 and to a rating greater than 40 percent thereafter is denied. For the bilateral plantar fasciitis, an initial 30 percent rating is granted.

The Veteran's left varicocelectomy scar is currently rated as noncompensable, but a compensable rating of 10 percent is granted.,The Veteran's lumbar spine disability is currently rated at 20 percent and the claim for an increased evaluation is remanded.

The Board has determined that additional development is needed to obtain the Veteran's complete medical records from the Largo Medical Center, and an addendum opinion from the April 2020 VA examiner regarding the cause of his left foot drop.

The Veteran's claims for service connection for back disability and bilateral lower extremity lumbar radiculopathy were denied in a November 2009 rating decision. The effective date of the denial is June 17, 2015, as this was when the Veteran filed his intent to reopen the claim.

The Board has granted a TDIU as of May 10, 2021, due to the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.

The Board has remanded the claims for neck, right arm, and shoulder conditions as secondary to service-connected lower back disability due to insufficient opinions in the January 2020 VA examination.

The Veteran's service connection claims for various knee, ankle, and shoulder disabilities are being remanded due to incomplete records. The AOJ will attempt to obtain additional medical records and worker's compensation records.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's low back disorder. Additional development is needed, including obtaining a VA medical opinion and reviewing existing records.

The Board has denied service connection for lower back disability, right foot disability (including plantar warts), right knee disability, left knee disability, and left elbow disability. Service connection was granted for a coronal suture scar.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions regarding the nature and etiology of his claimed disabilities, particularly those related to his right ankle disability.

The appeal of the TMJ disability issue is dismissed.,A 20% rating, but no higher, for cervical degenerative disc disease from April 27, 2010 to September 9, 2020 is granted. A rating in excess of 20% for cervical degenerative disc disease from September 10, 2020 to February 4, 2021 and a rating in excess of 30% since February 5, 2021 are denied.,A 20% rating, but no higher, for lumbar degenerative disc disease from October 13, 2017 to December 13, 2020 is granted. A rating in excess of 40% since February 5, 2021 is denied.,A separate 10% rating, but no higher, for left knee degenerative joint disease based on recurrent lateral instability since April 27, 2010 is granted. A rating in excess of 10% for right upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left upper extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 10% for right lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are denied. A 40% rating, but no higher, for right upper extremity radiculopathy from August 4, 2017 to February 4, 2021 is granted and a separate 30% rating for left upper extremity radiculopathy since August 4, 2017 is granted. A 20% rating, but no higher, for right lower extremity radiculopathy from August 4, 2017 to February 4, 2021 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 40% for right upper extremity radiculopathy since February 5, 2021 is denied and a rating in excess of 30% for left upper extremity radiculopathy since February 5, 2021 is denied.,A separate noncompensable rating, but no higher, for erectile dysfunction since April 27, 2010 is granted. A TDIU from April 27, 2010 through August 12, 2019 is granted.

The Veteran's claims for higher ratings for his back disability and a TDIU rating are being remanded due to the need for additional development of records.

The Veteran's claims for service connection have been granted, with the exception of those related to right shoulder condition, PTSD, and increased rating for left wrist disability. The remaining conditions including migraine headaches, bilateral ankle disability, and lumbar spine disability are now considered service-connected.

The Veteran's low back disorder, diagnosed as lumbar degenerative disc disease, is granted service connection. The respiratory disorder, to include tuberculosis, is remanded for further examination and analysis.

The Veteran's degenerative disease of the lumbar spine is rated at 20 percent for the period prior to December 8, 2015. The Veteran's status post fracture, right tibia and fibula disability remains in excess of 10 percent. Both issues are remanded due to inadequate VA medical opinions.

The Board has remanded the Veteran's claims for additional examinations and medical opinions to determine the severity of his cervical spine disability, service connection for his knee disabilities, sleep apnea, cluster headaches, and acquired mental health disorder (including PTSD).

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining VA treatment records and scheduling examinations for his service-connected disabilities.