Back / lumbar spine decisions — 2014

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA examination to assess the Veteran's lumbosacral spine disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's lumbar spine disability has not met the criteria for a rating in excess of 10 percent, as her range of motion does not meet the requirements for higher ratings under the applicable VA rating criteria.

The Board denied the Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine and denied his request for a separate rating for right lower extremity radiculopathy (sciatica).

The reduction from a 40 percent to a 20 percent disability rating for the lumbar spine disability was found to be proper under the ordinary conditions of life.

The Board has determined that the Veteran's current back disorders are not related to his military service and have denied his claim for service connection.

The Board found insufficient evidence to grant service connection for a bilateral shoulder disability and denied entitlement to a total disability rating based on individual unemployability prior to November 10, 2009.

The Veteran's service-connected disabilities require the need for aid and attendance of another person, as evidenced by his inability to dress or undress himself, take care of hygiene needs, prepare meals, manage medications, and attend to personal needs. The Board finds that he meets the criteria for special monthly compensation based on the need for aid and attendance.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his claimed disabilities, including ankle, knee, low back, and cervical spine disabilities.

The Board found that there is no evidence of a nexus between the Veteran's current low back disability and his service-connected knee disabilities, concluding that the Veteran's low back condition is less likely due to his right knee condition.

The Veteran's service-connected lumbar spinal stenosis is rated at a 10 percent disability rating prior to June 5, 2013. For the entire appeal period, his disability picture does not warrant a higher rating.

The Veteran's lumbar spine condition is rated at 40 percent since June 2, 2014. He was previously granted a separate 10 percent rating for bladder impairment associated with his lower back disability.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated during active service and is not proximately due to or aggravated by any service-connected disability. The claim for service connection was denied.

The Board has granted service connection for epistaxis (nosebleeds) and awarded a 20 percent rating for degenerative disease of the lumbar spine. The Veteran's symptoms have been considered, but they do not warrant an increase in his current rating.

The Board found that the Veteran's pre-existing back disability was not aggravated by service, and thus denied his claim for service connection.

The Veteran's claims for service connection for right hip, left hip, and lumbar spine disorders are being remanded due to the failure of the Veteran to appear for VA examinations. The case will be returned for further development.

The Veteran withdrew his appeal concerning the issue of entitlement to service connection for migraine headaches. The issues of what evaluation is warranted for chronic low back pain with deconditioning, degenerative disc disease, and degenerative joint disease from August 29, 2006, and entitlement to a total disability rating based on individual unemployability are addressed in the REMAND portion of the decision.

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Veteran's appeal seeking service connection for a back disability has been withdrawn. The Board is dismissing the claim as it pertains to this issue.

The Veteran's claims for service connection for a lumbar spine disability and a psychiatric disorder, to include bipolar disorder, are being remanded due to the need to obtain additional medical records. The issues of service connection will be reconsidered after these records have been obtained.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been dismissed due to the Veteran withdrawing his claims prior to a decision being made by the Board.