Back / lumbar spine decisions — 2022

The Veteran's claims for increased ratings of her lumbar and cervical spine disabilities, as well as left lower extremity radiculopathy, are being dismissed due to the grant of TDIU.,The Veteran's lumbar spine disability is currently rated at 20 percent since February 1, 2016.

The Board has granted service connection for a back disability and a deviated septum, finding that the Veteran's current conditions are related to his military service. Service connection was denied for hepatitis C due to willful misconduct.,An initial rating higher than 20 percent for left shoulder arthritis is denied.

The Veteran's claims for increased ratings and effective dates are being remanded due to procedural errors in the prior decisions.,The Board is also remanding his service connection claim for right ear hearing loss.

The Board denied a rating in excess of 10 percent for the Veteran's back disability prior to October 10, 2019, finding that the evidence did not show limited range of motion or muscle spasm/severe guarding resulting in abnormal gait or spinal contour.

Service connection is granted for cervical spine disability, lumbar spine disability, and diabetes mellitus type 2.,Service connection is denied for osteoarthritis of the left hand, osteoarthritis of the right hand, and ventral hernia.

The Veteran's back brace and left knee brace caused wear on his clothing, leading to a grant of clothing allowances for these items.,The use of Clotrimazole topical cream did not cause irreparable damage to the Veteran's outer garments, resulting in denial of the clothing allowance.

The Veteran's service-connected disabilities, including psoriasis, cervical spine disability, low back disability, radiculopathy of the bilateral upper extremities, left shoulder disability, residuals of a left fibula scar, and other conditions, have rendered him unemployable since August 23, 2013. The Board has granted TDIU benefits from that date.

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher rating due to lack of forward flexion to 30 degrees or less and unfavorable ankylosis.,For LLE sciatica with sensory changes prior to July 25, 2017, the Veteran is currently rated at 10 percent. The Board found that it does not meet the criteria for a higher rating due to lack of forward flexion to 30 degrees or less and unfavorable ankylosis.,For LLE sciatica with sensory changes from July 25, 2017, the Veteran is currently rated at 20 percent. The Board found that it does not meet the criteria for a higher rating due to lack of forward flexion to 30 degrees or less and unfavorable ankylosis.

The Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment, leading to a TDIU. She also requires aid and attendance due to her service-connected conditions, resulting in SMC based on need for aid and attendance.

The Board has determined that there has not been substantial compliance with the previous remand directives and thus, the case is being returned to the RO for further development.

The Board has remanded several issues, including the initial rating for left shoulder disability, service connection for low back disorder and arthritis, and a special monthly pension claim. The Veteran is to be provided with VA examinations to determine the nature and etiology of his disabilities and whether he needs aid and attendance.

The Veteran's acquired psychiatric disability, including PTSD and Bipolar Disorder, is now granted as service-connected.,His bilateral hearing loss claim remains pending due to the need for a VA examination.

The Veteran's service-connected conditions rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU on an extraschedular basis beginning December 20, 2014.

The Board has remanded three issues related to the Veteran's service connection claims for lumbosacral strain, cervical spine disorder, and right shoulder disorder. The fourth issue is a request for an increased rating for stenosing tenosynovitis of the right thumb.

The Board has remanded the cases of service connection for low back and left shoulder disabilities, as well as a rating in excess of 10 percent for GERD due to inadequate medical opinions. The Veteran is required to provide new medical opinions addressing her claims.

The Board has remanded the cases due to new evidence being added to the claims file and a request for AOJ consideration of this evidence.

The Veteran's radiculopathy (femoral nerve) of the left lower extremity and spinal stenosis with thoracolumbar spine degenerative disc disease are granted effective December 2, 2020. The initial rating for the spinal stenosis prior to that date is denied.

The Board has granted service connection for bilateral lower extremity lumbar radiculopathy as secondary to a service-connected back disability. The claims for left hand disability, syncope, and sinusitis are remanded pending VA examinations.

The Board has remanded the Veteran's claims for hernia disability, lumbar spine condition, cervical spine condition, right shoulder condition, and left shoulder condition due to inadequate medical opinions in previous VA examinations.

The Board denied the Veteran's claim for service connection of a thoracolumbar spine disability, including osteoarthritis, finding that there was no evidence to support a nexus between his current condition and his in-service injury. The Board also noted that the Veteran did not have continuous complaints related to his lumbar spine after service.