Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities are shown as likely as not to preclude him from securing and following substantially gainful employment consistent with his educational and occupational background, warranting a TDIU rating.

The Board has determined that the Veteran does not have a current diagnosis of degenerative arthritis in either ankle or lumbar spine, and there is no evidence linking these conditions to service. The COPD claim was denied as well.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right knee and low back disabilities were aggravated by his service-connected left knee disorder.

The Veteran's appeal is being remanded due to the need for a new hearing and issuance of an SOC regarding his claims for service connection and reopening of a previously denied claim.

The Board has granted service connection for a back disability, finding that the Veteran's current degenerative disc disease, degenerative joint disease, and sacroiliitis are related to his active service. The claim was reopened due to new evidence received since the last final denial.

The Veteran's motion alleging clear and unmistakable error in the November 2005 Board decision was dismissed without prejudice to refiling as it did not comply with the requirements set forth in 38 C.F.R. § 20.1404(b).

The Board found no evidence of a current neck or low back disability that is related to service, and denied the Veteran's claims for service connection.

The Board has determined that the Veteran's low back and right hand disabilities are not related to his service or any service-connected disability.,Therefore, these claims for service connection have been denied.

The Board denied service connection for a low back condition and diabetic retinopathy, but granted service connection for hypertension secondary to herbicide exposure.

The Veteran's appeals for an extraschedular evaluation, TDIU, and SMC based on aid and attendance have all been denied. The Board found that the assigned disability ratings adequately describe his service-connected low back disability, and there is no evidence of unique or unusual symptomatology.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not related to his military service.

The Board has determined that the Veteran's erectile dysfunction is caused, at least in part, by his service-connected hypertension. The claim for service connection for erectile dysfunction is granted.

The Board finds that the Veteran's service-connected disabilities, particularly his back and cervical spine conditions, require regular aid and attendance of another person. As a result, the criteria for SMC based on the need for regular aid and attendance are met.

The Board has ordered additional development due to the need for notification regarding unavailable records and the need for new opinions on the Veteran's neck and back disabilities.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, and his right lower extremity radiculopathy has been rated as 10 percent prior to December 18, 2009, and 20 percent thereafter. The appeal for increased ratings remains pending.

The Board denied the Veteran's claims for increased disability ratings for his lower back disability, finding that a rating of 20 percent was warranted prior to September 20, 2016 and no higher after that date.

The Veteran has withdrawn his appeal for all issues, including the claim for an initial disability rating in excess of 20 percent prior to February 5, 2016, and in excess of 40 percent therefrom, for degenerative disc disease of the lumbar spine, to include entitlement to a TDIU prior to February 5, 2016.

The Board has determined that the Veteran's bilateral hearing loss and low back disorder are not service-connected as they are not shown to be causally related to any disease, injury, or incident in service.

The Veteran's appeals have been withdrawn due to his satisfaction with the awards granted in May 2017, resulting in a 100 percent rating and effective dates for peripheral neuropathy of the right and left lower extremities.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and missing records.