Back / lumbar spine decisions — 2014

The Veteran's appeal has been dismissed as he requested to withdraw his appeal.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's current back disability is related to his service and grants service connection for a back disability.

The Board has remanded the case due to missing service treatment records and requests for VA treatment records. The Veteran's claims for service connection are pending, as well as a request for an initial rating in excess of 30 percent for PTSD and TDIU.

The Veteran's service-connected low back disability has prevented him from obtaining or retaining gainful employment, and the Board finds that he is entitled to a TDIU on an extraschedular basis.

The Board is remanding the case to obtain an adequate medical opinion regarding whether the Veteran's current back disorder is aggravated by his service-connected bilateral knee disabilities.

The Veteran's claims for service connection for various disabilities secondary to his service-connected right knee disorder have been denied due to failure to report for scheduled VA examinations.

The Board has determined that the Veteran's low back disability is not related to his military service and is not secondary to his service-connected bilateral knee disabilities. As a result, the claim for service connection for a low back disability is denied.

The Board found that the Veteran's hypertension is not related to service, and denied his claim for service connection.,For his right shoulder disorder, the Board determined there was no evidence of a nexus between the condition and service.

The Board has determined that the Veteran's back disability, specifically disc disease at L5, is attributable to service and grants service connection for this condition.

The Board has remanded the TDIU claim for additional development, including obtaining VA treatment records and scheduling a medical examination to determine if the Veteran is unemployable due to his service-connected disabilities.

The Board has granted an effective date of December 10, 2002 for the grant of a 40 percent disability rating. The claims have been remanded multiple times due to procedural issues and the Veteran's request for a hearing. The current issue is whether the Veteran is entitled to higher ratings based on his service-connected lumbar spine degenerative disc disease with degenerative joint disease.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The claims will be reconsidered based on the new evidence.

The Board found that the Veteran's degenerative joint disease of the cervical and lumbar segments of the spine was not incurred in service, nor is it related to a service-connected disability. The migraine headaches are considered secondary to his service-connected Meniere's syndrome.

The Board finds that the Veteran's low back disability, including sacroiliac joint dysfunction with osteitis pubis, existed prior to her third period of active service and was aggravated by service. However, there is no clear and unmistakable evidence that sciatica pre-existed service or existed during any period of active service.

The Board denied reopening of the claim for service connection for tinnitus and found that the Veteran's left wrist disability does not meet the criteria for a higher rating. The lumbar strain was rated as 10% prior to May 28, 2008, and as 20% thereafter.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including tinnitus, bilateral hearing loss, an acquired psychiatric disorder (claimed as panic attacks and PTSD), left knee disorder, right knee disorder, left wrist disorder, right wrist disorder, low back disorder, or neck disorder.

The Board has reopened the Veteran's previously denied claim of entitlement to service connection for a back disability and remanded it for further development.

The Veteran's current degenerative joint disease with degenerative disc disease of the lumbar spine is not considered to be related to his service or a service-connected condition.

The Board has remanded the case due to the need for additional examinations and records, including VA treatment records since June 2010, and new examinations for the Veteran's bilateral knee, left shoulder, low back disabilities; and insomnia (claimed as depression and anxiety).