Back / lumbar spine decisions — 2013

The Board has remanded the case due to the need for additional examinations and development of evidence related to the Veteran's psychiatric disability and low back disability.

The Veteran's claim for an increased rating for lumbosacral strain was denied as his condition did not meet the criteria for a higher disability rating.

The Veteran's claim for special monthly pension by reason of needing aid and attendance or being housebound was denied as he does not meet the criteria for such benefits based on his nonservice-connected disabilities.

The Veteran is found to have a factual need for aid and attendance due to his left shoulder disability, but he does not meet the criteria for housebound status.

The Veteran's hypertension, diabetes mellitus, and degenerative disc disease of the lumbosacral spine have been granted service connection. The Veteran is assigned a 10% disability evaluation for hypertension, a 20% disability evaluation for diabetes mellitus, and a 10% disability evaluation for degenerative disc disease of the lumbosacral spine prior to March 16, 2010.

The Veteran's lumbosacral strain with early disc herniation and left lower extremity atrophy does not manifest unfavorable ankylosis or any neurological impairment related to his back, thus the claim for a higher rating is denied.

The Veteran's service-connected traumatic arthritis of the right knee is currently rated as 10 percent disabling, and no higher. The evidence shows that the Veteran has flexion limited to 130 degrees with mild functional limitations.,The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated as 20 percent disabling, and no higher. The evidence shows that the Veteran has forward flexion limited to 85 degrees, extension limited to 20 degrees, and minimal functional limitations.

The Board found no evidence of current syncope or low back disorder related to service, and denied the Veteran's claims for these conditions.

The Veteran's appeal is remanded for additional development, including obtaining medical opinions regarding the relationship between his service-connected thoracolumbar spine disability and his claimed bilateral shoulder disorder. The VA will also schedule examinations to assess the severity of his service-connected disabilities.

The Veteran's bilateral lower extremity radiculopathy is proximately due to his service-connected degenerative disc disease of the thoracolumbar spine.

The Board has determined that there is no competent and credible evidence to support the Veteran's claims for service connection for low back disorder, head injury with migraines, or PTSD with depression.

The Veteran's claim for a higher rating for his cervical spine disability has been denied. The current 30 percent rating is considered adequate to compensate for the Veteran's condition, given the presence of ankylosis and associated neurologic abnormalities.

The Board has remanded the Veteran's claims due to inadequate examinations and other procedural issues.

The Veteran's low back disability, rated at 60 percent under the former DC 5293 (intervertebral disc syndrome), is not entitled to a higher rating as his symptoms do not meet or approximate the criteria for a higher rating.

The Board found that the preponderance of evidence does not establish a direct link between the Veteran's low back disability and his military service, including no credible assertion of in-service injury or continuity of symptoms.

The Board has remanded the narcolepsy and low back disorder claims due to incomplete development, including a need for an opinion on the etiology of the Veteran's narcolepsy. The low back disorder claim is also being remanded as it is inextricably intertwined with the narcolepsy claim.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Veteran's lumbosacral strain has been rated at 20 percent since July 5, 2010. The disability is characterized by pain and stiffness but does not result in any ankylosis or severe limitation of motion.

The Board has granted an initial 40 percent rating for the service-connected degenerative lumbar disc disability from April 30, 1999 to July 28, 2003, and since December 1, 2007. Separate initial ratings of 20 percent have been assigned for right and left lumbar radiculopathy.

The Board found that the Veteran's cervical spine degenerative arthritis and degenerative disc disease were not incurred during service, nor are they related to his active duty service.