Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, leading to a grant of special monthly compensation based on this requirement.

For the period prior to March 17, 2011, a rating in excess of 20 percent for herniated nucleus pulposus (HNP), L4-L5 and L5-S1, with degenerative changes and muscular low back strain is denied.,For the period from March 17, 2011 forward, a rating in excess of 40 percent for herniated nucleus pulposus (HNP), L4-L5 and L5-S1, with degenerative changes and muscular low back strain is denied.

The Board has decided that the Veteran's claims for service connection are remanded due to incomplete medical records and need for additional opinions.

Service connection for fibromyalgia, IBS, and heart disease has been granted.,Service connection for a left leg disorder, right leg disorder, arthritis of the thoracolumbar spine, and arthritis of the cervical spine have been denied.

The Veteran's low back disability is granted service connection, and his PTSD is granted a 50% rating effective from April 27, 2005. The TDIU claim is denied.

The Veteran's service connection claims for chronic lumbosacral strain and tinnitus have been granted. His PTSD has been increased to a 70% rating effective August 23, 2010. The issues of entitlement to higher ratings for PTSD and hearing loss, as well as TDIU, are remanded.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including new VA examinations.

The Veteran's claims for service connection for bilateral shoulder disorder, low back condition, and bilateral hearing loss have been denied as new and material evidence has not been received to reopen the claims.,Service connection for tinnitus was also denied due to lack of new and material evidence.

Service connection for diabetes mellitus is granted. Service connection for low back disorder is remanded due to insufficient evidence.

The Board denied the Veteran's claims of service connection for sleep apnea, finding that there was no direct or secondary service connection due to inconsistent statements and conflicting medical opinions regarding the onset and cause of his sleep apnea.

The Veteran's lumbar spine condition, stomach condition, depressive disorder, dysphagia, and tinnitus have been granted service connection. The left lower extremity radiculopathy and right lower extremity radiculopathy are also granted on a secondary basis to the Veteran's service-connected lumbar spine condition.

The Board has granted service connection for degenerative disc disease of the lumbar spine, finding that it is due to an in-service injury.

The Board is remanding the cases for additional development to consider new evidence submitted by the Veteran and his wife, including treatment records from their National Guard service.

The Board has granted service connection for radiculopathy of the left lower extremity and an initial rating of 20 percent for lumbar disability. The Veteran's radiculopathy is caused by or related to his military service, while his lumbar disability is characterized by limited range of motion.

The Veteran's disability rating for lumbar strain with degenerative disc disease was restored to 20 percent effective July 1, 2012. The issue of a higher rating remains on appeal.

The Board has remanded the Veteran's claims for increased ratings, service connection, and secondary service connection due to delays in processing. The issues include his mood disorder, back disability, radiculopathy of bilateral lower extremities, hip, knee, and foot disabilities.

The Veteran's low back disability does not meet the criteria for special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound. The evidence shows that he can dress, feed himself, manage his finances, and attend to personal hygiene needs without assistance.

Service connection is granted for left foot, first metatarsophalangeal joint arthritis and low back disorder. Other service connection claims are remanded.

The Veteran's claim for service connection for a lumbar spine disability has been reopened and granted. The Veteran's anxiety disorder not otherwise specified is also now considered to be related to active service.,Service connection was denied for myalgia of the chest, angle recession glaucoma, and prostate condition.

The Board denied service connection for a back disability with nerve damage and depression with alcohol dependence, as secondary to the back disability. The Veteran's pre-existing back disability was found not to be permanently aggravated by his military service.