12-34 685, 12-34 685

Veteran served in USAF (1965–1969) and has service-connected degenerative disc disease of the lumbar spine currently rated 40%.
Appeal from an October 2009 RO rating decision; multiple remands and VA examinations (2009–2016) with most recent exam in Nov 2016.
RO granted temporary 100% for Jan 12–Apr 30, 2016; Veteran seeks increased rating >40% and entitlement to SMC under 38 U.S.C. § 1114(s) from May 1, 2016 onward.
Medical records and VA exams show no unfavorable ankylosis, no incapacitating IVDS episodes totaling ≥6 weeks in past 12 months, and no single service‑connected disability rated 100% since May 1, 2016.
VA examined scar and neurologic findings; separate ratings for peripheral neuropathy already in place and scar is noncompensable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether lumbar degenerative disc disease warrants a rating >40%	Veteran: pain, limited motion, and flare-ups warrant higher rating or evidence of unfavorable ankylosis/≥6 weeks incapacitating episodes	VA: exams and records show no unfavorable ankylosis and no incapacitating IVDS episodes ≥6 weeks; 40% already compensates functional loss	Denied — no unfavorable ankylosis or qualifying incapacitating episodes shown; 40% affirmed
Whether Veteran is entitled to SMC (housebound) under 38 U.S.C. § 1114(s) from May 1, 2016	Veteran: SMC should continue after Apr 30, 2016	VA: no single service‑connected disability rated 100% and not permanently housebound or substantially confined to home	Denied — not permanently and totally disabled nor permanently housebound since May 1, 2016

Akles v. Derwinski, 1 Vet. App. 118 (1991) (SMC issue is part and parcel of an increased-rating claim while that claim is pending)
Correia v. McDonald, 28 Vet. App. 158 (2016) (VA joint exams must, when possible, measure active/passive motion in weight-bearing and nonweight-bearing)
Soyini v. Derwinski, 1 Vet. App. 540 (1991) (remand unnecessary when it would not benefit the veteran)
Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (Board need not address procedural arguments not raised by appellant)
Mitchell v. Shinseki, 25 Vet. App. 32 (2011) (functional loss from pain must be considered under §§4.40 and 4.45 when rating limitation of motion)
DeLuca v. Brown, 8 Vet. App. 202 (1995) (consideration of functional loss factors—pain, weakness, fatigability—in joint ratings)
Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006) (competence and credibility of lay evidence in VA claims)
Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance of evidence standard in VA adjudication)
Hart v. Mansfield, 21 Vet. App. 505 (2007) (staged ratings considerations)
Francisco v. Brown, 7 Vet. App. 55 (1994) (application of staged ratings)