Back / lumbar spine decisions — 2022

The Veteran's service connection claims for arthritis of the thoracolumbar spine, PTSD, acne disability, gastrointestinal disability, headache disability, right hip disability, left hip disability, and neurological disability of the right lower extremity have all been granted.

The Board has reopened the claims for service connection for various conditions, but has remanded them for further development and examination.

The Board dismissed all claims for increased ratings and service connection due to the Veteran's death.

The Veteran's claims for service connection and increased ratings have been remanded due to the need for additional examinations and review of new evidence.

The Veteran withdrew his appeals on the issues of increased ratings for degenerative arthritis of the lumbar spine and post traumatic degenerative joint disease of the right ankle, as well as service connection for tinnitus.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements regarding back pain during service, and a new medical opinion is needed.

The Board has granted service connection for right ear hearing loss. The remaining issues on appeal are remanded due to the need for additional development and medical opinions.

The Veteran's lumbar spine disability was rated as 20 percent prior to December 31, 2008 and as 40 percent from that date. The right lower extremity radiculopathy was initially rated at 20 percent before April 30, 2021, and then increased to 40 percent thereafter.,The Veteran's lumbar spine disability did not meet the criteria for a higher rating prior to December 31, 2008. From that date onward, it met the criteria for a 40 percent rating.

The Board has remanded the claim for a lumbar spine disability due to new evidence not previously considered by the AOJ.

The Board has remanded the claims for service connection, increased ratings, and TDIU due to issues with credibility determinations regarding continuity of symptomatology since service and development of medical evidence.

The Board has determined that the Veteran's neck disorder did not begin during service or within one year of separation, and is not otherwise related to an in-service injury or disease. The Board also found no evidence that the current condition was caused by a service-connected disability.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to challenges regarding the competency of VA examiners. The claims are inextricably intertwined, so the radiculopathy and TDIU claims must also be remanded.

The Board has remanded the claim for a new VA examination to determine if the Veteran's lumbar spine disorder is related to his service-connected cervical spine disability or due to in-service complaints and treatment.

The Board has remanded the cases for further development due to incomplete evaluations of the Veteran's lumbar spine arthritis and radiculopathy.

The Veteran's right ingrown toenail is granted a 10 percent rating. The service connection for his back disability, including lumbar spondylosis, lumbosacral strain, and degenerative disc disease/degenerative joint disease, is denied.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence regarding the cause of his claimed conditions. The case will be returned to VA for further development, including obtaining military police records and conducting medical examinations.

The Veteran's appeal for a total disability rating for service-connected major depressive disorder from December 17, 2018 is dismissed as moot.,The Veteran's claim for a higher disability rating for epididymitis of the left testicle remains denied. The evidence does not support a finding that his condition meets or more closely approximates the criteria for a 30 percent disability rating.,The Veteran's appeal for a higher disability rating for right hip degenerative changes with trochanter bursitis is remanded, as there is insufficient evidence to determine if he meets the criteria for a 20 percent disability rating based on limitation of abduction.,The Veteran's claim for chronic lumbar strain remains denied. The evidence does not support a finding that his condition meets or more closely approximates the criteria for a higher disability rating.,The Veteran's appeal for service connection for gout is denied. The evidence does not support a finding that his condition began during active service or is otherwise related to an in-service injury or disease.,The Veteran's appeal for service connection for kidney stones is denied. The evidence does not support a finding that his condition began during active service or is otherwise related to an in-service injury or disease.

The Veteran's left knee total arthroplasty and back disability (status post laminectomy and discectomy for L5-S1 with degenerative disc disease) are granted. The Veteran is currently rated at 10% for his back disability.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, and various musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to November 20, 2019. As a result, the Board granted a TDIU for this period. Additionally, basic eligibility for Dependents' Educational Assistance was established.

The Board denied service connection for Benign Paroxysmal Positional Vertigo (BPPV), a neck disorder, a back disorder, and right lower extremity radiculopathy as the evidence did not show these conditions were related to service.,Service connection was also denied for all four issues due to lack of chronic symptoms during or within one year after service.