Back / lumbar spine decisions — 2017

The Veteran's thoracolumbar spine disability, which was previously rated at 20 percent prior to September 27, 2011 and then assigned a 100 percent rating from that date until January 1, 2012, is now rated at 40 percent effective January 2, 2012.

The Veteran does not have a low back disability.,The Veteran's current migraine headache disorder is not attributable to disease or injury sustained during his period of service.,The Veteran does not have PTSD.,The Veteran's current acquired psychiatric disorder (including depression and PTSD) is not attributable to disease or injury sustained during his period of service.,The Veteran does not have a disability manifested by loss of smell attributable to disease or injury sustained during his period of service.

The Veteran's muscle contraction headaches have been rated at 30 percent since October 29, 2014. The Board found that the Veteran's daily moderate pain with increased pain for three hours per day and prostrating attacks once a month lasting three to four days without residuals of TBI meet the criteria for a 30 percent rating.

The case is being remanded for additional development to address the Veteran's claims of service connection and increased rating for his right knee arthritis.

The Board has ordered a supplemental opinion to address whether the Veteran's currently service-connected thoracolumbar spine disability is due to or aggravated by his service-connected bilateral knee disabilities, and if so, whether it was caused by any other service-connected conditions.

The Board found that the Veteran does not have a lumbar spine disorder that was incurred or aggravated in service, and therefore denied his claim for service connection.

The Board has remanded the case for additional development due to a lack of an opinion addressing secondary aggravation.

The Veteran's claim for an increased rating for lumbar spine fracture residuals with DDD was denied by the Board, as the disability did not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for various conditions, including sleep disorder, hypertension, mild cognitive impairment, a psychiatric disorder other than PTSD, back disorder, restless leg syndrome, and erectile dysfunction. The decisions were based on the lack of established clinical diagnoses and the absence of evidence supporting secondary service connection.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from February 27, 2014, forward. The TDIU was not granted for the period from July 2, 2010 to February 27, 2014 as the threshold percentage requirements were not met.

The Veteran's appeal for SMC based on Aid and Attendance/Housebound was dismissed. The Board denied the Veteran's claim for SMC based on a total disability rating for a single disability and additional disabilities rated at 60 percent or more due to his combined service-connected disabilities not meeting the required percentage.

The Veteran's appeal is being remanded due to the need for a new VA examination to determine the nature and etiology of his lumbar spine disorders, including spondylolisthesis, spinal stenosis, degenerative disc disease (DDD), and spondylosis.

The Board has determined that the Veteran's sciatica is related to his service-connected degenerative disc disease of the lumbar spine at L4-5 and L5-S1, and thus grants service connection for this condition.

The Board has determined that the Veteran's cervical spine disability is not etiologically related to his active duty service and therefore, denied the claim for service connection.

The Veteran's back disability, including thoracolumbar spine arthritis and intervertebral disc syndrome, has been shown to have a range of motion that does not meet the criteria for an initial rating in excess of 10 percent from July 01, 2010 to January 21, 2016.

The Veteran is currently assigned a 20 percent rating for his lumbar spine disability and a 20 percent rating for his left lower extremity radiculopathy, effective May 31, 2017.,From March 23, 2012, to prior to May 31, 2017, the Veteran is entitled to a 20 percent rating for his lumbar spine disability and a 10 percent rating for his left lower extremity radiculopathy. After May 31, 2017, both conditions are rated at 20 percent.

The Veteran has withdrawn his appeals, indicating that he no longer wishes to pursue the claims due to recent service connection and rating decisions for other conditions.

The Veteran's appeal is being remanded for further development, including the association of SSA records and additional VA examinations to evaluate his current disabilities.

The Board has reopened the Veteran's claim for service connection for back condition and granted it. The decision also grants service connection for sleep apnea, with a compensable rating of 10 percent for residual scar on his left ring finger.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back strain, but the Veteran's current low back disability is not linked to disease or injury incurred in active service.