Back / lumbar spine decisions — 2022

The Board has remanded the Veteran's claims for lumbosacral strain and degenerative joint disease of the lumbar spine, as well as his bilateral lower extremity radiculopathy. The remand requires additional development including obtaining VA treatment records, private treatment records, and an examination to assess the severity of the Veteran's spine disability and associated bilateral lower extremity radiculopathy.

The Veteran's claims for increased ratings and remand have been addressed. The case is now REMANDED to obtain additional medical opinions.

The Board has determined that the Veteran's claims for service connection and initial compensable rating for various conditions require further examination and consideration. The cases are being remanded to obtain updated medical opinions and potentially new VA examinations.

The Board denied increased ratings for the lumbar spine disability and right lower extremity radiculopathy, as well as a TDIU.

The Veteran's initial rating for gastritis prior to May 26, 2021 is denied as the symptoms do not meet the criteria for a higher rating.,The Veteran's initial rating for gastritis from May 26, 2021 is denied as his symptoms are consistent with a moderate gastric ulcer but do not warrant a higher rating.

The Veteran's service-connected disabilities, including right foot arthritis and depression, have rendered him unable to secure or follow substantially gainful employment prior to October 21, 2021. The Board has remanded the case for further consideration.

The Board granted service connection for a low back disability and left knee strain, but dismissed the appeal for PTSD. The Veteran's TDIU claim was remanded.

The Veteran was granted a 40 percent rating for his low back disability prior to June 7, 2019, and separate 10 percent ratings for left and right lower extremity radiculopathy. A higher rating for the low back disability from June 7, 2019, and an increased rating for hypertension were denied.

The Veteran's spondylolisthesis of the lumbar spine, right knee osteoarthritis, and bilateral shoulder conditions are all found to be related to his active service.,Service connection is granted for these disabilities.

The Veteran's claims for service connection are being remanded for additional examinations and opinions. The remaining issues have been held in abeyance pending further development of his obstructive sleep apnea claim.

This decision grants increased ratings for radiculopathy of the left and right lower extremities, but denies a higher rating for degenerative disc disease of the lumbar spine. The Veteran's radiculopathies are rated at 40 percent each.,The Board found that the Veteran's back disability does not meet or approximate the criteria for unfavorable ankylosis, thus denying a higher rating. However, it granted increased ratings based on the severity of his radiculopathy.

The Board denied an initial rating higher than 40 percent for lumbar spine degenerative disc disease as there was no evidence of unfavorable ankylosis or other manifestations that would warrant a higher rating.

The Veteran withdrew his appeal for service connection for lumbosacral strain, and the Board has no jurisdiction to further consider this matter.

The Board denied service connection for a right great toe disorder, lung disorder, low back disorder, hypertension, and erectile dysfunction (ED) as the preponderance of evidence did not support a finding that these conditions were related to the Veteran's active duty service.

The Veteran's disability rating for degenerative joint disease of the lumbar spine was restored to 20 percent, and an increased evaluation was denied.

The Veteran's claims for an initial disability rating in excess of 10 percent for tinnitus, and effective dates earlier than September 5, 2013, for the grants of service connection for right knee tendinitis and left knee tendinitis have been dismissed.,The Veteran's claim for a new and material evidence to reopen his claims of entitlement to service connection for an eye disability has been granted. The claim for a new and material evidence to reopen his claims of entitlement to service connection for a headache disorder has also been granted.,Service connection is granted for a headache disorder, with the low back disability secondary to bilateral knee tendinitis being in equipoise.

The Veteran's back conditions have been rated based on their severity and the impact they have had on her mobility. The issues of service connection for other conditions are still pending.

The Board granted restoration of the 40 percent rating for bilateral hearing loss and denied increased ratings for other conditions, as well as a TDIU.

The Board denied service connection for degenerative disc disease of the cervical spine, finding that it did not manifest in service or be related to a service-connected disability.

The Board has decided to remand the cases for further action, including issuing an SOC addressing increased initial ratings for cervical and lumbar disabilities and a TDIU prior to September 21, 2015.