Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded due to her active duty service, and she has not been afforded the opportunity for a videoconference hearing before the Board.

The Board has remanded the case for additional development, including obtaining medical records and issuing a statement of the case on all issues.

The Board has remanded the Veteran's claims for additional evidentiary development, including a new VA examination to determine if his lumbar paravertebral myositis and DDD of the cervical spine are aggravated by his bilateral plantar fasciitis and bunion formation.

The Veteran's claim for a reduction in the rating of his low back strain from 40% to 10% was granted. The VA assigned a new effective date of March 1, 2010.

The Veteran's increased rating claims for left hip arthritis, right thigh scar (as a residual of a right knee gunshot wound), and right knee gunshot wound residuals were denied. The Veteran was not granted any additional disability evaluations.

The Board has determined that the Veteran's current disabilities of the left and right feet, ankles, and low back were incurred in service. Service connection is therefore granted for these conditions.

The Veteran's claim for service connection for a back disability was denied, and his TDIU prior to May 25, 2010, was also denied. The Board found that the evidence did not support a finding of a current disability related to military service.

The Board found that the Veteran's back disorder was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining all VA records and possibly scheduling a new examination. The Veteran's claim of service connection for a lumbar spine and sciatic nerve disability is pending.

The Board has reopened the claim for service connection for a back injury and found that new evidence received since the May 1994 administrative decision raises a reasonable possibility of substantiating the claim. The Veteran's current low back disability is not considered to be related to his active duty service, as there is no medical evidence showing a chronic condition during service or within one year after separation. Service connection for right ear hearing loss and bilateral leg disability was denied due to lack of a diagnosed disability.

The Board has granted the Veteran's petition to reopen his claim for service connection for a lumbar spine disability and determined that he is entitled to service connection for this condition as secondary to his service-connected bilateral knee disabilities. The Board also found that the Veteran meets the criteria for TDIU based on his service-connected conditions.

The Board has determined that the Veteran's degenerative joint and disc disease of the cervical and lumbar spine is reasonably attributable to service, granting service connection for these conditions.

The Veteran's appeal is being remanded for additional development to address the issues of service connection for various conditions, including bilateral hand pain, gastroesophageal reflux disease (GERD), left knee disability, lumbago (back disability), generalized anxiety disorder, pes planus of the right foot, and fatigue. The claims will be reviewed based on the evidence provided.

The Board has determined that the Veteran's low back, neck, and left foot disabilities are service-connected. The claim for lower extremity radiculopathy is denied as there is no current diagnosis of this condition. The claim for a broken collarbone is denied due to lack of evidence of any residual disability. The claim for an acquired psychiatric disorder (PTSD) is denied.

The Board has determined that the Veteran does not have current diagnoses for several of his claimed conditions, and thus service connection cannot be granted. The claims are denied.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Veteran requested to withdraw his appeal for all pending issues, including the reopening of a low back disorder claim and the rating for PTSD. The Board dismissed the appeal due to this withdrawal.

The Board has determined that service connection is not warranted for a heart disability, degenerative disc disease of the upper back and neck, or sleep apnea as there is no evidence linking these conditions to service, including exposure to herbicides.

The Veteran's tinnitus is service-connected.,Bilateral hearing loss was not found to be related to service, but the claim remains pending as it may still be connected through other theories of entitlement.,Right knee DJD and low back disability are both found to be secondary to left knee DJD with effusion, pseudo laxity, and scar. The Veteran's tinnitus is also found to have started during service.,The Veteran's low back disability remains pending as it may still be connected through other theories of entitlement.

The case is being remanded due to the inadequacy of the VA examination for the low back disability and the need to obtain additional medical records.