Back / lumbar spine decisions — 2022

The Board has remanded several issues related to the Veteran's service connection claims, including for an acquired psychiatric disorder, a sleep disorder, and various other conditions. The case is returned to the AOJ for further development of records and for additional examinations.

The Veteran's lumbar spine disability has been granted a 20 percent rating for the period prior to April 28, 2022 and a 40 percent rating since that date. TDIU was denied.

The Board has remanded the issue of service connection for urinary frequency, which is claimed as secondary to her service-connected low back disability. The May 2022 VA examiner did not address whether the Veteran's urinary frequency was aggravated by her service-connected low back disability.

The Veteran's service-connected disabilities, including PTSD, lumbosacral strain, left and right lower extremity radiculopathy, and tinnitus, have resulted in a combined rating of 80 percent since June 21, 2013. The Board has granted TDIU beginning on that date, but also found the evidence insufficient to grant extraschedular TDIU prior to June 21, 2013.

The Veteran withdrew his appeal regarding the initial ratings for lumbar spine disorder and left lower extremity radiculopathy, which were previously granted in November 2013.

The Board has remanded the claims for TDIU, financial assistance in acquiring specially adapted housing, special home adaptation grant, and financial assistance in the purchase of an automobile or adaptive equipment due to new evidence received after the March 2021 Supplemental Statement of the Case.

The Veteran's back disability is currently rated at 20 percent, but the Board has found that there are no incapacitating episodes and the current rating does not meet the criteria for a higher rating. The right knee, shoulder, elbow, and left elbow disabilities have also been remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his service-connected lumbar spine disability prior to October 27, 2021, and a rating in excess of 40 percent from that date. The appeal is being returned due to insufficient medical opinions regarding functional loss and ankylosis.

The Veteran's service connection claims for bilateral hearing loss, cervical strain, thoracic and lumbar strain with IVDS, sciatic radiculopathy of the left lower extremity, right carpal tunnel syndrome, and bipolar disorder with anxiety disorder have all been denied. The appeal is remanded for further development regarding service connection for tendonitis, bilateral pes planus, and total disability rating based on individual unemployability.

The Veteran's low back disability is granted as secondary to her service-connected left hip disabilities. The Veteran's left knee disability is remanded for an addendum medical opinion regarding its relationship to her service-connected right knee and right hip disabilities.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of January 2, 2018.

The Veteran's claims for increased ratings were denied, and his claim for service connection was remanded due to failure to report for VA examinations.

The Board has dismissed all claims for increased ratings and TDIU as the Veteran died during the appeal process.

The Board has remanded the Veteran's claims for service connection for various orthopedic disabilities, including lumbar spine disorder, cervical spine disorder, bilateral hand disorders, elbow disorders, knee disorders, and ankle disorders. The claims are being returned to obtain addendum opinions from VA medical professionals.

The Board has determined that the Veteran's low back condition is at least as likely as not related to service, granting his claim for service connection.

The Board has remanded the Veteran's claims for service connection of a back disorder due to inadequate VA examination opinions. The remaining issues have been granted.

The Board has remanded the issues of higher ratings for degenerative arthritis of the lumbosacral spine, status-post total left knee replacement, and right knee, as well as a TDIU prior to March 24, 2017. The remand is due to incomplete opinions regarding functional loss during flare-ups at relevant VA examinations.

The Veteran's claims for service connection have been dismissed as the Veteran requested that his appeal be withdrawn from the legacy appeal system and considered under the Appeals Modernization Act (AMA) review system.

The Veteran's back disability is rated at 40 percent for the entire period on appeal, and his right lower extremity radiculopathy is rated at 40 percent beginning May 8, 2018. The Veteran also received a TDIU rating prior to November 22, 2019.

The Veteran's lumbar spine disability resulted in a rating of 20% from September 18, 2016 to December 27, 2021 and was granted a higher rating of 60% for the period between September 18, 2016 and December 28, 2021.,The Veteran's lumbar spine disability with IVDS does not result in incapacitating episodes requiring bedrest but resulted in limited flexion of 30 degrees or less after December 28, 2021. The claim for special home adaptation is dismissed as the award of specially adapted housing was granted.,The Veteran's need for regular aid and attendance by reason of service-connected disability has been established.