Back / lumbar spine decisions — 2022

The Veteran's claim for a rating in excess of 10 percent for degenerative disk disease of lumbar spine, L5-S1 prior to May 18, 2021 is denied.,The Veteran's claim for a rating in excess of 20 percent for degenerative disk disease of lumbar spine, L5-S1 on and after May 18, 2021 is denied.

The Veteran's claim for service connection for GERD has been granted. The Board found that the Veteran experienced continuous symptoms of reflux and heartburn since service, which is considered a diagnosed illness rather than a MUCMI. For the musculoskeletal issues (back arthritis, bilateral shoulder arthritis, bilateral knee arthritis, and bilateral hip strain), the claim was remanded for further development as the previous opinions were deemed inadequate.

The Board has determined that there was not substantial compliance with the May 2021 remand directives and thus, another remand is required. The Veteran's lumbar spine disability rating issues are being remanded for further development.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's current low back disability is related to an injury sustained during active duty in August 1991. The examiner must consider the Veteran's assertion that his back pain continued since the initial injury and over the past 30 years.

The Board has remanded the claims of service connection for a back condition, gastrointestinal disorder, and bilateral wrist condition due to lack of documentation in the Veteran's service treatment records.

The Board has denied service connection for cervical and lumbar spine disabilities, as well as the Veteran's claim for a TDIU due to her service-connected conditions. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's PTSD with migraine headaches, hysterectomy, and lower back disorder are all granted. The Veteran is also granted a 10 percent disability rating for hypertension from February 14, 2018 to June 7, 2019.

The Board has remanded the claims for service connection for left knee, hip, and lumbar spine disabilities due to insufficient reasons provided in the previous decision. The Veteran's claim will be reviewed again with an addendum opinion from a medical professional.

The Veteran's appeal was dismissed due to his death, and no one has been substituted in the claim.

The Board has determined that the VA examinations conducted in July 2021 are inadequate and requires new examinations to address the Veteran's claims for service connection. The issues of entitlement to service connection for various disabilities have been remanded.

The Veteran's service-connected disabilities, including PTSD, thoracolumbar spine degenerative arthritis, restrictive ventilatory defect, and multiple musculoskeletal conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Board has remanded several issues related to the Veteran's service connection claims, including for sinus disabilities, psychiatric disabilities, and knee disabilities. The Board also directed further VA examinations to assess the severity of the Veteran's lumbar spine disability, sciatic nerve radiculopathy, and foot conditions.

The Veteran's lumbar spine disability was rated at 40 percent from April 7, 2000, through September 4, 2000. From September 5, 2000, the rating remained at 40 percent.

The Board denied service connection for lumbar spine disorder, right shoulder strain, left shoulder disorder, and right elbow disorder as the evidence did not support a direct relationship to service.

The Veteran's low back disability is rated at 40 percent from March 19, 2012 to August 12, 2015. The appeal for a higher rating prior to that date and after it is denied.

The Veteran's petition to reopen his claim for service connection for a lumbosacral strain was granted. The Board also remanded the issue of entitlement to service connection for a lumbar spine condition, as a new VA examination is needed.

The Board denied the Veteran's claims for service connection for lumbar strain and femoral cutaneous nerve entrapment, left leg as there is no evidence of a nexus between his current conditions and active service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating at any point.

The Veteran's cervical spine disability is rated at 30 percent since December 23, 2019. The earlier effective date of May 1, 2015 for the 30 percent rating assigned for degenerative arthritis of the cervical spine has been granted.,The Veteran's left and right shoulder disabilities are each currently rated at 20 percent since the appeal period began on May 1, 2015. The initial ratings in excess of these percentages have not been met.

The Board has denied the Veteran's claims for specially adapted housing and a special home adaptation grant due to lack of eligibility based on his service-connected disabilities. The appeal is remanded as there are additional issues related to the back disability that need further development.