Back / lumbar spine decisions — 2016

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's appeals for higher ratings on several conditions and special monthly compensation (SMC) have been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded due to the need for a video conference hearing. His claim for an increased disability rating for his service-connected lumbar spine disc herniation remains pending.

The Board has scheduled a video-conference hearing for the Veteran due to his request and acceptance of rescheduling. The appeal is remanded as it involves service connection for a back disability, which may be decided on the merits.

The Veteran's service-connected left foot/ankle disability and low back disability have been granted, but the ratings are at their maximum allowable levels.

The Veteran's service-connected ischemic heart disease is rated at 60 percent effective May 22, 2014. Prior to that date, the claim for an increased rating was granted but not yet assigned a specific percentage.

The Veteran has a current lumbar spine disability that is attributable to complaints and treatment in service. The Board grants service connection for this condition.

The Veteran's low back disability is currently rated as 20 percent disabling, and his right ear hearing loss is rated as noncompensable. The Board finds that the evidence does not support a higher rating for either condition.

The Board found that the Veteran's current lumbar spine and acquired psychiatric disorders are not caused by or permanently made worse by his service-connected bilateral pes planus.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable schedular criteria.

The Veteran's thoracic and lumbar degenerative changes with muscle strain do not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's lumbosacral degenerative disc disease warrants a rating of 60 percent, effective from October 28, 2013. The separate ratings for right lower extremity radiculopathy (40 percent), left lower extremity sciatic nerve involvement (20 percent), bladder incontinence (60 percent), and bowel incontinence (30 percent) are also granted.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran's chronic lumbar degenerative disease with secondary multiple level disc degeneration was not incurred in or aggravated by service, may not be presumed to have been so incurred or aggravated, and was not caused or aggravated by his service-connected lumbar strain.

The Board has found that the Veteran's lumbar arthritis is presumed to have been incurred in service, and thus granted service connection for this condition.

The Board has determined that additional development is needed before the claims can be fully adjudicated. This includes obtaining VA treatment records, providing an addendum opinion from the November 2014 examiner, and reviewing the TDIU claim.

The Veteran's service-connected disabilities have resulted in unemployability throughout the appellate period.

The Veteran's lumbar strain with disc disease is currently rated at 40 percent, which is the maximum schedular rating available. The decreased sensation in his right lower extremity associated with this condition has been rated as 20 percent since May 2007.

The Veteran's cervical spine disability is currently rated at 30 percent, effective September 3, 2014. His allergic rhinitis has been assigned a non-compensable evaluation.

The Veteran's service-connected low back disability has rendered him unable to secure and follow a substantially gainful occupation since August 23, 2006.