Back / lumbar spine decisions — 2022

The Board has restored the previously assigned 20 percent ratings for left and right lower extremity radiculopathy, effective December 1, 2022. The rating for lumbar degenerative changes with low back strain remains unchanged. TDIU prior to March 7, 2016, and special monthly compensation at the housebound rate are remanded.

The Board has remanded the claims of service connection for lumbar spine and knee disabilities due to insufficient evidence. The Veteran's current conditions are not shown as chronic in service, did not manifest within a presumptive period, and were not noted in service with attributable continuity of symptomatology.

The Veteran's claim for an increased disability rating for her back disability was denied as a result of her failure to report for a necessary VA examination without good cause.

The Board has remanded the case due to insufficient rationale in a previous VA opinion regarding the Veteran's back disability. The Veteran is seeking service connection for his back disability, which he claims began during military service and was related to an in-service injury.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the Veteran's lumbar spine conditions, including his service connection claim.

The Veteran's low back disability is rated at 20% from December 19, 2019 to August 19, 2022 and at 40% since then. The right and left lower extremity radiculopathy are also rated at 40%. These ratings are denied.

The Board found that the reduction in disability rating for bilateral hearing loss from 50% to 40% was proper, as there was actual improvement demonstrated by a contemporaneous VA examination. The reduction of the lumbar spine disability rating from 40% to 20% was not proper due to lack of evidence showing sustained material improvement under ordinary conditions of life and work.

The Veteran's prostate cancer was granted service connection effective October 27, 2020.,Service connection for lumbosacral strain degenerative disc disease, intervertebral disc syndrome, and degenerative arthritis with spinal stenosis was granted effective December 30, 2016. The Veteran's radiculopathy of the right lower extremity (sciatic nerve) and left lower extremity (sciatic nerve), as well as his radiculopathy of the right lower extremity (femoral nerve) and left lower extremity (femoral nerve), were all granted service connection effective December 30, 2016.,The Veteran's prostate cancer is rated at 100% since October 27, 2020.

The Board has determined that new and relevant evidence has been received to reconsider the claim of service connection for a back disability. The Veteran's Social Security Administration records need to be obtained.

The Veteran's claim for a rating in excess of 10 percent for degenerative disc disease (DDD) with arthritis of the lumbar spine was denied as there is no evidence showing limitation of motion, muscle spasms or guarding resulting in an abnormal gait, incapacitating episodes due to IVDS, or incapacitating exacerbations of arthritis. The medical evidence does not support a higher rating based on these criteria.

The Board has decided to remand the Veteran's claim for service connection of a low back disability due to a failure to provide proper notice and scheduling for an examination.

The Board has dismissed the Veteran's appeals for earlier effective dates and service connection claims due to a lack of a valid Notice of Disagreement filed by the Veteran or his representative.

The Veteran's cervical spine and lumbar spine disabilities are granted service connection. Service connection for Chiari malformation, type I is remanded due to the need for additional medical opinion.

The Veteran's service-connected disabilities, when considered together, are sufficient to render her unable to obtain and maintain any form of substantially gainful employment in accordance with her occupational background and education level. The Board finds entitlement to a TDIU is warranted.

The Board has remanded the claim for a disability rating in excess of 30 percent for depression associated with recurrent lumbosacral strain due to further examination and readjudication.

The Board has dismissed the appeals for service connection of back, right knee, and left knee disabilities due to the Veteran's death.

The Board has remanded the service connection claims for lower back condition, left hip replacement, and bilateral knee replacements due to insufficient rationale in the previous VA examination opinions. The examiner is instructed to consider the Veteran's lay statements regarding his active duty activities and review records from his surgeon.

The Board has decided to remand the claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) as there is insufficient evidence regarding the Veteran's employment status and dates.

The Board denied a TDIU from November 2, 2016, to July 17, 2017, due to the Veteran's ability to maintain gainful employment during this period. The Board found that his service-connected disabilities did not prevent him from securing and following substantially gainful occupation.

The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.