Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for an earlier effective date and improper reduction of her disability rating, finding that she was not entitled to either.

The Veteran's appeal for increased ratings for his low back strain and service connection for an inguinal hernia have been denied. The Board found that the evidence did not support a higher rating for the low back strain, and there was no probative evidence linking the inguinal hernia to service or service-connected disability.

The Board has remanded the case due to the need for additional development, including medical examinations and opinions regarding the Veteran's claimed low back disability and deviated septum.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his lumbar spine disability, as well as additional records from August 2014 to present.

The Veteran's appeal is being remanded for additional development, including a new VA examination and obtaining recent medical records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations to address the claims of service connection for a lumbosacral spine disorder and gynecological disorder.

The Veteran's appeal is being remanded for further examination and development of his claims, including a new VA lumbar spine examination.

The Veteran's chronic lumbar strain is currently rated at 20 percent, but the evidence does not support a higher rating as there is no forward flexion of 30 degrees or less, nor favorable ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran does not have a current diagnosis of any right ankle, bilateral foot, left knee iliotibial tendonitis, or lumbar spine degenerative arthritis, IVDS and stenosis disabilities. Therefore, service connection for these conditions is denied.

The Veteran's claim for an increased rating for depression was granted, with the effective date set at September 23, 2013. The Board found that a factual increase in his disability had occurred during the year prior to this claim.

The Veteran's appeal is remanded to the AOJ for initial adjudication of his claim for a total disability rating based on individual unemployability prior to May 6, 2015. The case must be readjudicated and any benefit on appeal must be denied if still denied.

The Board has determined that the Veteran's claimed low back, left shoulder, right shoulder, and neck disabilities are not related to service. The sleep apnea is also not related to service or a service-connected disability.

The Veteran's service-connected disabilities, including depression, intervertebral disc syndrome of the cervical spine, migraines, and other conditions, have rendered him in need of aid and attendance. He is therefore granted special monthly compensation based on a demonstrated need for such assistance.

The Veteran's claim for increased evaluations of his lumbar spine disability has been denied. The VA determined that the evidence did not meet the criteria for a higher evaluation at any point.

The Board finds that the Veteran's service-connected disabilities, particularly his back and lower extremity conditions, cause him to be in need of regular aid and attendance. As such, the claim for special monthly compensation based on the need for regular aid and attendance is granted.

The Veteran is currently service connected for multiple disabilities, including major depressive disorder, degenerative arthritis of the thoracolumbar and cervical spine, radiculopathy of the right upper and lower extremities, and tinnitus. His current combined rating is 80 percent. The Board finds that he meets the criteria for a TDIU due to his service-connected disabilities.

The Board has remanded the issues of entitlement to service connection for a back disorder and bilateral hip disorder due to additional evidentiary development.

The Veteran's back disability was not incurred in service and is not related to any service-connected condition. The additional disability due to VA treatment for aortic valve replacement surgery is denied under 38 U.S.C.A. § 1151. The chronic residuals of the aortic valve replacement are not shown to be directly related to service or a service-connected disability. Hypertension and scars from the aortic valve replacement are also not found to be related to service.

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

The Veteran's service-connected degenerative disc disease of the lumbar spine, treated with a back brace and wheelchair, tends to wear out or tear his clothing. The Board finds in favor of the Veteran due to relative equipoise of evidence.