Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability, with consideration of additional functional loss due to pain during flare-ups, more closely approximates forward flexion to less than 30 degrees. Incapacitating episodes of IVDS are not shown.

The Veteran's lumbar spine disability is rated at 40 percent since January 24, 2013. The rating was denied as the evidence did not meet the criteria for a higher evaluation.

The Board granted an initial rating of 20 percent for cervical spondylosis since November 18, 2004 and denied a higher schedular rating. The extraschedular ratings were also denied. A TDIU rating was granted.

The Veteran's claim of entitlement to disability compensation pursuant to 38 U.S.C.A. § 1151 for xerostomia has been rendered moot due to the grant of service connection, and thus is dismissed. The TMJ disability is found to be secondary to his service-connected tinnitus. The thoracolumbar spine disability with sciatica does not meet the criteria for service connection.

The Board found that the Veteran's current low back disability, including degenerative arthritis and disc disease, is not related to his service. The evidence does not show a chronic or continuous symptomatology of a low back disability during active service or continuously since service separation.

The Board has granted service connection for arthritis of the cervical and thoracolumbar spine, finding that the Veteran's current disabilities are due to injuries sustained during combat in Vietnam. The Board also found continuity of symptoms since service separation.

The Veteran's claim for increased ratings for degenerative disc disease of the thoracolumbar spine is being remanded due to the need for consideration of an extra-schedular evaluation based on evidence showing significant limitations not contemplated by range of motion testing.

The Board granted an effective date of June 19, 2008 for the award of SMC based on need for aid and attendance due to service-connected disabilities. The Veteran's claim was pending since December 17, 2001.

The Board has remanded the claims for additional development, including obtaining a VA examination to address the etiology of the low back disability and current severity of the left ear disability. The Veteran's request for a video conference hearing is also being addressed.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine did not have its clinical onset in service and was not caused or aggravated by a service-connected disability.

The Board has determined that the Veteran's current back disorder did not begin during her active duty service or any period of ACDUTRA, and is not due to a service-connected condition. The evidence does not support a finding that her current back disorder was aggravated by her service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for additional development, including obtaining updated records and scheduling VA examinations to address the etiology of various claimed conditions.

The Veteran's appeal is being remanded to schedule a videoconference hearing due to his request for one.

The Board has determined that the Veteran's lumbar degenerative disc disease and acquired psychiatric disorder were not incurred or aggravated by service. The claim for residuals of spinal meningitis was reopened, but denied as new evidence did not establish a diagnosis in service.

The Veteran's appeals have been withdrawn due to his desire to withdraw all remaining issues on appeal, including the effective date for PTSD.

The Board has determined that the Veteran's service-connected low back disability warrants a rating of 40 percent since May 1, 2012. Prior to this date, the disability was rated at 20 percent.

The Veteran's multiple non-service-connected disabilities, including hernias with progression to an intestinal fistula and arthritis of multiple joints, render her helpless or so nearly helpless that she requires the regular aid and attendance of another person for special monthly pension purposes.

The Board has determined that the Veteran's current low back disability is related to his service, specifically noting a leg length discrepancy and long marches during service which resulted in back pain. The continuity of symptomatology between service and post-service treatment supports this finding.

The Veteran's appeal is being remanded for further development, including scheduling a new hearing before the Board of Veterans' Appeals.