Back / lumbar spine Board decisions

The Board denied the Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine and denied his request for a separate rating for right lower extremity radiculopathy (sciatica).

The reduction from a 40 percent to a 20 percent disability rating for the lumbar spine disability was found to be proper under the ordinary conditions of life.

The Board has determined that the Veteran's current back disorders are not related to his military service and have denied his claim for service connection.

The Board found insufficient evidence to grant service connection for a bilateral shoulder disability and denied entitlement to a total disability rating based on individual unemployability prior to November 10, 2009.

The Veteran's service-connected disabilities require the need for aid and attendance of another person, as evidenced by his inability to dress or undress himself, take care of hygiene needs, prepare meals, manage medications, and attend to personal needs. The Board finds that he meets the criteria for special monthly compensation based on the need for aid and attendance.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his claimed disabilities, including ankle, knee, low back, and cervical spine disabilities.

The Board found that there is no evidence of a nexus between the Veteran's current low back disability and his service-connected knee disabilities, concluding that the Veteran's low back condition is less likely due to his right knee condition.

The Veteran's service-connected lumbar spinal stenosis is rated at a 10 percent disability rating prior to June 5, 2013. For the entire appeal period, his disability picture does not warrant a higher rating.

The Veteran's lumbar spine condition is rated at 40 percent since June 2, 2014. He was previously granted a separate 10 percent rating for bladder impairment associated with his lower back disability.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated during active service and is not proximately due to or aggravated by any service-connected disability. The claim for service connection was denied.

The Board has granted service connection for epistaxis (nosebleeds) and awarded a 20 percent rating for degenerative disease of the lumbar spine. The Veteran's symptoms have been considered, but they do not warrant an increase in his current rating.

The Board found that the Veteran's pre-existing back disability was not aggravated by service, and thus denied his claim for service connection.

The Veteran's claims for service connection for right hip, left hip, and lumbar spine disorders are being remanded due to the failure of the Veteran to appear for VA examinations. The case will be returned for further development.

The Veteran withdrew his appeal concerning the issue of entitlement to service connection for migraine headaches. The issues of what evaluation is warranted for chronic low back pain with deconditioning, degenerative disc disease, and degenerative joint disease from August 29, 2006, and entitlement to a total disability rating based on individual unemployability are addressed in the REMAND portion of the decision.

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Veteran's appeal seeking service connection for a back disability has been withdrawn. The Board is dismissing the claim as it pertains to this issue.

The Veteran's claims for service connection for a lumbar spine disability and a psychiatric disorder, to include bipolar disorder, are being remanded due to the need to obtain additional medical records. The issues of service connection will be reconsidered after these records have been obtained.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been dismissed due to the Veteran withdrawing his claims prior to a decision being made by the Board.

The Veteran's claims for service connection and increased ratings were denied. The claim for left ear hearing loss was not substantiated as the Veteran did not have sufficient impairment to qualify as a disability. The claim for service connection for residuals of left leg thrombosis, respiratory disability, and left knee disability is addressed in the REMAND section. Other claims are denied.

The Board has reopened the Veteran's claim for service connection for a low back disability and determined that it is at least as likely as not related to his in-service injury. Service connection is therefore granted.