Back / lumbar spine decisions — 2022

The Board has remanded the case due to outstanding private treatment records and the need for new VA examinations to determine the current nature and etiology of the Veteran's claimed disabilities.

The Board has determined that the reduction in rating from 20 percent to 10 percent for lumbar spine disorder was improper and restored the original 20 percent rating. The remaining issues of entitlement to a higher rating for lumbar spine disorder and left lower extremity radiculopathy are remanded due to failure to obtain VA examinations.

The Board denied service connection for residuals of low back pain and heat stroke, finding no current evidence linking these conditions to the Veteran's military service.

The Veteran's claim for a higher rating for his degenerative joint disease of the lumbar spine was denied. The current evaluation is 20 percent, and no additional increase in rating is granted.

The Veteran is in receipt of a TDIU since November 19, 2013. The Board found that the Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment.,For the period prior to November 19, 2013, the Veteran's combined disability rating was below the threshold for schedular TDIU consideration.

The Board has determined that an earlier effective date for the increased evaluation of the Veteran's service-connected lumbar spine disability is not warranted. The issues of service connection for obstructive sleep apnea and hypertension are remanded due to insufficient evidence.

The Board has reopened the Veteran's claims for service connection for a right knee disability and low back disorder, but has remanded these issues due to insufficient evidence. The Veteran is also seeking service connection for a right hip condition and an acquired psychiatric disorder.

The Veteran's claim for service connection for fibromyalgia, left great toe disability, and low back disability was granted. The Veteran also received a separate noncompensable rating for his left foot hammertoes and an initial compensable rating for his left hip skin disability. However, the Veteran's request for higher ratings for his right shoulder disability, headaches, and sleep apnea were not addressed.

The claims for service connection for headaches, back disability, carpal tunnel syndrome of the left and right upper extremities, and anxiety disorder/depression have been reopened.,The claims for service connection for bilateral hearing loss and tinnitus have also been reopened.

The Board has remanded the case due to lack of substantial compliance with previous directives. The Veteran's lumbar spine disability is being reviewed again for potential service connection.

The Veteran's service-connected lumbar spine, bilateral knee, and bilateral hip disabilities rendered him unable to secure and maintain substantially gainful employment. The Board granted total disability due to individual unemployability on an extraschedular basis.

The Veteran's skin disorder, lumbar and cervical disorders are remanded for additional examination and evidence collection to determine their etiology. The Board finds the Veteran competent to describe his in-service incidents and continues symptoms.

The Board has granted service connection for a lumbar spine disability on the basis that it is secondary to the Veteran's service-connected right knee disability. However, the cervical spine disability was denied as there is no causal relationship between the service-connected right knee disability and the cervical spine disability.

The Board has remanded the case due to the need for a new VA opinion regarding whether the Veteran's left knee disability is secondary to his service-connected right knee osteoarthritis and lumbosacral sprain, as well as whether it was caused or aggravated by these conditions. The claim will be readjudicated after obtaining this information.

The Veteran's claim for service connection for advanced hypertrophic and degenerative changes of lumbar spine, as secondary to his service-connected left knee total arthroplasty, has been reopened. The Board has granted this issue, finding that the evidence is sufficient to establish a nexus between the Veteran's low back disability and his service-connected left knee disability.

The Veteran's lumbar spine disability and associated left lower extremity radiculopathy have been granted initial ratings of 20 percent each, effective December 6, 2019.

The Board denied the Veteran's claims for service connection for rheumatoid arthritis, recurrent sleep disorder, and lumbar spine disability due to lack of evidence linking these conditions to his military service.

The Veteran's lumbar back disability, including IVDS, has been characterized by pain and limitation of motion. The VA Board found that the evidence did not meet the criteria for a rating in excess of 20 percent due to lack of forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's cervical spine disability and cardiovascular disability were denied service connection. The Veteran was granted a 70% initial rating for his psychiatric disability prior to May 22, 2020.,TDIU benefits were also granted prior to May 22, 2020.

The Board denied service connection for a back disability, right knee disability, and left knee disability due to the lack of credible evidence establishing an in-service injury or disease.,The Veteran's assertions about experiencing injuries during her assault were not found to be credible.