Back / lumbar spine decisions — 2014

The Board has remanded the case for a supplemental VA opinion to address whether the Veteran's lumbar spine disorder is caused or aggravated by any of his service-connected disabilities, including PTSD, blindness in the right eye, migraine headaches, temporomandibular dysfunction, epiphora, and paralysis of the face.

The Board has determined that the Veteran's lower back disorder warrants a disability rating of 40 percent, effective from February 11, 2005. The evidence is in equipoise as to whether his pain-free forward flexion exceeded 30 degrees, but he does not meet the criteria for ankylosis or incapacitating episodes.

The Board has determined that the Veteran's low back disability, as likely as not, had its onset during service and grants service connection for a lumbar spine disability.

The Board has determined that the Veteran's low back disability was not incurred or aggravated during his active duty service and denied his claim for service connection.

The Veteran's initial evaluations for his lumbar spine disability and radiculopathy of the lower extremities have been granted, but he is not entitled to higher ratings as forward flexion remains limited to 80 degrees with pain at 55 degrees.

The Veteran's claim for service connection for a back disability has been dismissed as he did not provide the necessary information and releases to secure his postservice treatment records, which are essential for proper adjudication of his claim.

The Veteran's service connection claims for respiratory residuals of a gunshot wound to the chest and a back disorder are granted. The Board finds that these conditions were incurred in line of duty.

The Board has reopened the claim of service connection for a back disability and granted it. The Veteran's chest pain is not considered to be related to his military service.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and records. The case will be remanded to the AOJ for further action.

The Veteran's service-connected diabetes mellitus is granted, and he is also granted service connection for back disorder, heart disorder, hypertension, erectile dysfunction, and peripheral neuropathy of the upper extremities as secondary to his diabetes mellitus. The exposure basis is Agent Orange.

The Veteran's service-connected arthritis of the left hip has been found to have aggravated his chronic muscular strain of the lumbar spine and chronic sciatic neuropathy. The Veteran is currently rated at 50 percent for arthritis of the left hip with total hip replacement since March 15, 2013.

The Veteran's claim for an increased rating for low back strain is remanded due to the need for additional VA examination records and treatment information. The service connection claim for depression, which was reopened, remains pending.

The Board has determined that the Veteran's current low back, bilateral knee, and bilateral wrist disabilities are not related to his active service. The evidence does not support a finding of chronic symptoms during service or any nexus between these conditions and military service.

The Veteran's low back disability has been characterized by pain, lack of endurance and limitation of motion. The criteria for an initial rating in excess of 20 percent have not been met.

The Veteran's claims of service connection for right knee, cervical spine, and low back disabilities were denied as the evidence did not establish current diagnoses or a link to service.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence is in relative equipoise as to whether he is unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Board has determined that additional development is needed to determine the etiology of the Veteran's current back disability and to obtain any relevant private treatment records. The case will be remanded for these actions.

The Board has determined that the Veteran does not have a chronic low back disorder or bilateral knee disability that was incurred in service. The VA examiner found no link between current degenerative joint disease and service, including the single episode of back pain during service.,Regarding hearing loss, the Veteran's post-service medical records show sensorineural hearing loss, which is presumed to have been incurred due to noise exposure during service.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining pertinent VA treatment records and scheduling him for a VA examination to assess the nature and etiology of his claimed disabilities.

The Board found no evidence of a chronic back or ankle disability in service and denied the Veteran's claims for service connection.