Back / lumbar spine decisions — 2014

The Veteran's service connection claim for back disability was withdrawn. The Board granted service connection for prostatitis, finding that the Veteran had chronic or recurrent prostatitis during and after service. The Veteran's PTSD is rated at 50% from January 12, 2009, and 70% from September 6, 2012.

The Veteran's claim for an effective date prior to August 28, 2008, for the grant of a total disability rating based on individual unemployability due to service-connected disabilities was denied as there is no evidence showing she was unable to secure or follow a substantially gainful occupation within one year prior to her August 28, 2008 claim.

The Board has denied the Veteran's claims of service connection for bilateral senile cataracts and chronic lumbar myositis. The issues pertaining to DJD of the elbows and shoulders have been remanded due to insufficient evidence.,The Veteran is not entitled to special monthly pension based on need for regular aid and attendance of another person.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder, but remanded it for further development including obtaining his military personnel file and scheduling him for a VA compensation examination.

The Board found that the Veteran's preexisting lower back condition did not worsen during active service, and thus denied his claim for service connection.

The Board has granted service connection for the Veteran's right shoulder, left shoulder, right hip, left hip, right knee, and left knee disabilities. The back disability was also found to be incurred during active military service.

The Veteran's service-connected lumbar strain was not found to warrant a higher rating prior to August 17, 2005.

The Board denied the Veteran's claims for service connection for arthritis of the lumbar spine and right knee, as well as his claim for an increased evaluation for bilateral pes planus. The evidence did not support a finding that these conditions were related to service or secondary to his service-connected disabilities.

The Board has determined that the Veteran does not have a neck/upper back disability, migraine headaches, or right lung disability due to service. The preponderance of evidence is against these claims.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbar spine was denied. The Board found that, prior to June 12, 2014, the disability did not meet the criteria for an increased rating beyond 10 percent.,For the period after June 12, 2014, the Veteran's degenerative disc disease of the lumbar spine with IVDS was rated at 40 percent. The claim for a higher rating for his bilateral lower extremity radiculopathy prior to September 24, 2013, was also denied.

The Board has remanded the case for additional development, including obtaining treatment records and clarifying the appellant's last known address. The VA spine examiner will be asked to distinguish between symptoms caused by service-connected injuries and those caused by post-service work-related injuries.

The Board has vacated its February 2012 decision and remanded the case for further development, including scheduling a Travel Board hearing.

The Veteran's initial 10 percent rating for degenerative disc disease of the lumbar spine was maintained, and a 20 percent rating was granted as of August 28, 2013, for radiculopathy of the right lower extremity. The Veteran does not have ankylosis in his back.

The Board has decided to remand the case for additional development, including obtaining a supplemental clinical opinion regarding whether the service-connected right knee disability aggravates the Veteran's back disability and for obtaining medical records from the Carr Chiropractic Clinic.

The Board has remanded the case for additional development, including obtaining updated treatment records and arranging for an orthopedic examination of the Veteran's low back disability. The issue of a rating in excess of 30 percent for PTSD is also being remanded.

The Veteran is seeking service connection for his left knee, hip, and back disabilities as secondary to his right knee disability. The Board finds that a remand is necessary to obtain updated medical opinions regarding the relationship between these conditions.

The Veteran's claims for service connection were granted, and he was assigned a disability rating of 10 percent for his cervical spine disability. His claim for an increased disability rating for prostatitis prior to July 1, 2013, and greater than 40 percent from that date, was also granted.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and scheduling the Veteran with appropriate VA examinations.

The Veteran's right ankle and low back disorders have not been diagnosed, while he has a current diagnosis of a burn scar on his left arm.,Service connection for the burn scar was granted.

The Veteran's death is caused by morphine toxicity, which was prescribed for his service-connected lumbar spine disability. The Board finds that the cause of death is related to a service-connected condition and grants service connection for the cause of the Veteran's death.