Back / lumbar spine decisions — 2022

The Veteran's service-connected erectile dysfunction is granted, and he is now eligible for SMC based on loss of use of a creative organ. His lumbar spine disorder has been rated at 40 percent since August 28, 2017, and his acquired psychiatric disorder has received an initial 70 percent rating.

The Veteran's service-connected disabilities, including right hip arthritis with hip joint replacement and left hip trochanteric, bursitis, degenerative arthritis, and prosthetic left hip joint, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on his combined disability rating of 100 percent.

The Board has granted service connection for the Veteran's thoracolumbar spine condition, diagnosed as thoracic and lumbosacral strain, finding that it is at least as likely as not that the condition began during active service.

The Veteran's left ankle DJD is granted a 20% rating, but no more. The lumbar spine disability remains at 40%. A TDIU is granted.

The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, warranting a TDIU for the period from October 1, 2013 to October 16, 2017. The case is remanded for further evaluation of his A&A claim.

The Veteran's claim for a higher rating for his back disability was granted, with a 20 percent evaluation from May 21, 2013 to December 3, 2019. A rating in excess of 40 percent is denied as of December 3, 2019.

The Veteran's claims for service connection for left ear hearing loss, lumbar spine disability, and left clavicle disability were denied. The Veteran was granted an initial rating of 70 percent for his adjustment disorder.

The Board has remanded the cases for further development and examination, including seeking to corroborate any reported stressors related to PTSD and determining whether the Veteran's hearing loss began in or was caused by military noise exposure.

The Veteran's lumbar spine disorder is rated at 40 percent for the period prior to January 25, 2022 and denied for a higher rating thereafter.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not show ankylosis or muscle spasm severe enough to result in abnormal gait or spinal contour, nor did it show forward flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or intervertebral disc syndrome with incapacitating episodes. The Veteran's current ratings for these conditions remain unchanged.

The Veteran's clothing allowance claims for Menthol/M salicylate cream and a lumbosacral corset (back brace) in 2017 were denied as the evidence did not show that these items tended to wear or tear his outer garments.

The Board has remanded the case due to insufficient evidence regarding the Veteran's lumbar strain prior to October 30, 2021. The Veteran needs a new VA examination and medical opinion covering the entire period on appeal.

The Veteran's cervical strain with degenerative disc disease is remanded for further development, including service connection for idiopathic neuropathy. The rating for the cervical spine disability prior to September 20, 2021, and from September 20, 2021 onwards, remains denied.

The Board has remanded the case for additional medical opinions regarding the Veteran's lumbar spine disorder. The issues of service connection for right and left ankle arthritis, sleep apnea, and lumbar spine disorder are still pending.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation throughout the appeal period.

The Board has found that remand is necessary for all of the matters on appeal due to rating errors and lack of adequate examinations. The Veteran's claims include seeking an earlier effective date, increased ratings for hip disabilities, and a TDIU.

The Veteran's tinnitus and back condition with residuals are found to be related to service, but his bilateral hearing loss is not. The Board has ordered remand for additional examinations to address the nature and etiology of these conditions.

The Veteran's back disability is now rated at 40 percent, effective from May 5, 2020. His right lower extremity radiculopathy remains rated at 10 percent.

The Board has remanded the cases for further development and consideration, including obtaining VA treatment records and providing an examination to address the right hand disability.

The Veteran withdrew his appeal regarding the service connection for a low back disability before the Board could make a decision.