Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded due to the need for a VA examination to assess the current severity of her service-connected lumbar spine and cervical spine disabilities, as well as any associated neurological impairment.

The Board found that the Veteran's claimed lumbosacral spine disorder, right knee disorder, and bilateral leg disorders are not related to his service. The preponderance of evidence does not support a finding in favor of service connection for these conditions.

The Veteran's appeals for service connection were denied, and the low back disability appeal was withdrawn by his representative. The PTSD claim remains on appeal.

The Veteran's service-connected low back pain and degenerative disc disease have been rated at 60 percent since April 16, 2014.

The Veteran was unable to obtain or maintain substantially gainful employment during the period from April 4, 2009 to May 4, 2011 due to his service-connected low back strain with degenerative disc disease and mild paralysis of the sciatic nerve in the right lower extremity. The Board granted TDIU for this period.

The Veteran meets the percentage requirements for TDIU as he has one service-connected disability rated at 60 percent or more and his combined service-connected disabilities are rated at 90 percent. The evidence demonstrates that the Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board has found new and material evidence to reopen the claim of service connection for a back disorder. The Veteran's current spine disabilities are related to an in-service motor vehicle accident.

The Veteran's claims for bilateral foot, ankle, and low back disabilities were denied as they are not related to service or service-connected conditions.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claims for service connection for a left ankle disorder and lumbar spine disorder. The RO denied these claims in May 2005 and August 2006, respectively, due to lack of evidence showing current residuals or causation during military service.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance (A&A) has been denied as he does not meet the criteria for either benefit.

The Board denied the Veteran's claim for an earlier effective date for the award of service connection for PTSD, as well as his claims for various other disabilities. The Board found that there was no legal merit to these claims.

The Veteran's claim for increased evaluations of his service-connected peripheral neuropathy has been granted, with a rating of 10% for each affected extremity.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support higher ratings or service connection for his claimed conditions.

The Board denied the Veteran's claim for service connection for a low back condition as there was no current diagnosed disability and the STRs did not show any chronic or permanent residuals of a low back injury.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and granted it. The issue of service connection for erectile dysfunction as secondary to service-connected disabilities is also addressed.

The Veteran's back condition is not related to his knee conditions or service. The Veteran's left and right knee strains with degenerative joint disease are currently evaluated at 10 percent each, as they do not meet the criteria for higher evaluations based on limitation of motion.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected disabilities. The issue of entitlement to TDIU is also remanded.

The Veteran failed to appear for necessary VA aid and attendance examinations, which prevented the determination of whether he is entitled to special monthly compensation based on need for regular aid and attendance or being housebound due to service-connected disabilities.