Back / lumbar spine decisions — 2014

The Board has found that the Veteran's sleep apnea had its onset during active duty service and is therefore granted as service connection.

The Veteran's claims for increased rating, service connection, and TDIU were denied. The Board found that the evidence did not support a higher rating for her thoracolumbar spine strain prior to March 2011 or since then. Her right knee condition, heart condition, and depression were not linked to service. She was also unable to establish that she is unemployable due to her disabilities.

The Board denied the Veteran's request to reopen his claim of service connection for a low back disorder and also denied his claim for service connection for a cervical spine disorder. The evidence did not establish that any current disabilities are related to service.

The Veteran's lumbar degenerative disc disease is currently rated as noncompensable under Diagnostic Code 5242. A minimum evaluation of 10 percent is assigned based on painful motion with radiological evidence of arthritis.

The Veteran's claims for increased ratings for his lumbar spine, cervical spine, and right great toe disabilities are being remanded to allow for additional development of the evidence.

The Board has determined that the Veteran's skin disability had its onset during military service and is granted service connection. The low back disability was not incurred in or aggravated by military service, but is considered a congenital defect.

The Veteran's appeal for increased rating of migraine headaches was withdrawn. The Board found that there is no evidence to support service connection for a back disability or bilateral hand condition.

The Veteran's lumbar strain has been rated at 10 percent since the initial grant of service connection. The evidence does not support a higher rating as his range of motion is greater than 60 degrees and he does not have guarding or muscle spasm.

The Veteran is seeking service connection for a lumbosacral spine disorder that he believes was caused by his service-connected left knee disability. The Board has determined that additional development, including obtaining medical records and clarifying the opinion regarding aggravation of the back disorder, is necessary.

The Board has remanded the case due to missing service treatment records and a need for additional examinations. The Veteran's claims for low back, shoulder, and knee disorders are on appeal.

The Board has reopened the Veteran's claims for service connection for low back and right hip disorders, finding new and material evidence. The Board also granted service connection for these conditions as secondary to his service-connected right knee disability.

The Board has granted service connection for low back scarring as a residual of lumbar punctures performed in January 1992 during service, but denied service connection for degenerative disc disease of the lumbar spine.

The Veteran has withdrawn his appeals for service connection for low back disability, increased rating for cervical spine strain, and compensable ratings for chronic hypersensitivity of the penis and recurrent right ankle sprain. The claims are dismissed.

The Board has determined that the Veteran's low back and right shoulder disabilities are not service-connected as they are not related to his active duty service.

The appellant has withdrawn all issues related to the appeal, including those regarding service connection for PTSD and anxiety, evaluations of shoulder conditions, major depressive disorder, tinnitus, and bilateral hearing loss.

The Board has reopened the Veteran's claim for service connection for a back disability and granted it, finding that there is no clear and unmistakable evidence that the preexisting condition was not aggravated by service.

The Veteran's lumbar spine disability has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician, or any separate neurological impairment. Therefore, the claim for an initial rating in excess of 40 percent for lumbar spine disability is denied.

The Board has determined that the Veteran's claimed left hip, left knee, and thoracolumbar spine disabilities did not manifest during service or within one year of discharge. The current evidence does not support a finding that these conditions are related to service.

The Veteran's service-connected disabilities cause him to be in need of regular aid and attendance of another person, which meets the criteria for SMC based on the need for regular aid and attendance. The claim for SMC at the housebound rate prior to January 26, 2012 is moot as SMC at the aid and attendance rate is greater.

The Board has remanded the claim due to inadequate reasoning in previous VA examination opinions and a need for further clarification on the relationship between the Veteran's low back disorder and his military service.