Back / lumbar spine decisions — 2014

The Board has determined that the submitted evidence does not meet the criteria for reopening the previously denied claim of service connection for a postural back condition (scoliosis).

The Board has reopened the Veteran's claims for service connection for migraine headaches and denied his claim for service connection for a lumbar spine disability. The evidence does not support a finding that either condition is related to active duty service.

The Board has reopened the Veteran's claim for service connection for a lumbar spine disorder and granted it, finding that his current lumbar spine disorder is proximately due to or the result of his service-connected chondromalacia patella of the left knee and the service-connected post traumatic arthritis of the left ankle.

The Veteran's PTSD symptoms have worsened, but the Board has determined that a rating in excess of 50 percent is not warranted prior to January 29, 2011. The claims for service connection for COPD, bilateral carpal tunnel syndrome, bilateral knee arthritis, arthritis of the right wrist, peripheral neuropathy of the lower extremities, back condition, neck condition, pneumonia, and cholinergic urticaria have been withdrawn.

The Board has determined that additional development is needed before the claims can be properly adjudicated, including obtaining medical records and providing an addendum opinion regarding the Veteran's bilateral foot disorder.

The Board has remanded the case due to a lack of VA medical records from March 2009 to February 2010, and requests for these records have been made. The Veteran's claims will be re-adjudicated after obtaining any missing records.

The Board found that the Veteran's bilateral wrist and low back disorders did not have their clinical onset during service, arthritis was not diagnosed within one year post-service, and there is no medical evidence of a nexus between these conditions and service. The claims for service connection were therefore denied.

The Veteran's back disability may be service-connected as it is claimed to have been aggravated by his active service. The Board has determined that new and material evidence has been submitted to reopen the claim for a back disability, but further development is needed before this issue can be decided.

The Board has determined that a VA examination is needed to determine the etiology of any current low back disability and whether it is at least as likely as not related to service. The appeal will be remanded for this purpose.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims of service connection for cervical spine, lumbar spine, left knee, and right leg disabilities. This includes obtaining Army Reserve records to verify his active duty, ACDUTRA, and INACDUTRA periods, obtaining SSA records, and providing an addendum opinion from a VA examiner regarding the etiology of any current cervical and lumbar spine disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling examinations to assess the severity of her service-connected conditions.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar spine disability, including consideration of his in-service injury and continuity of symptoms since service.

The Veteran's claims for service connection have been reopened, and new evidence suggests the presence of certain disabilities that may be related to his military service. However, no additional disability or unforeseeable residuals from VA treatment were found.

The Board has determined that the Veteran's low back disability, respiratory disorder, renal cancer residuals, and skin condition are not service-connected.

The Veteran's claims for increased ratings for his intervertebral and DDD of the lumbar spine prior to July 15, 2011, as well as his initial rating claims for radiculopathy of the right lower extremity since that date, were denied by the RO. The Veteran is currently in receipt of a 40 percent evaluation for intervertebral and DDD of the lumbar spine effective July 15, 2011.

The Veteran's appeal is being remanded for additional development to determine the current severity of his lumbar spine disorder and whether he is unemployable due to service-connected disabilities.

The Veteran's claim of entitlement to service connection for a lower back disability is being remanded due to the need for an addendum medical opinion regarding the nature and etiology of his current low back disability.

The Board has remanded the case for further development due to inadequate medical opinions in a previous VA examination. The Veteran's claims for service connection for his back and kidney disorders are pending.

The Board denied the Veteran's claims for increased ratings for his lumbosacral spine pain with degenerative disc disease and bilateral lower extremity radiculitis, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's PTSD is currently rated at 50 percent, and the Board has denied a higher rating. The claim for residuals of TBI was also denied.,New evidence received since the August 2007 decision supports reopening claims for lumbar spine DDD, cervical spine degenerative arthritis, and left shoulder disability. Service connection is granted for these conditions.,The Veteran's PTSD is currently rated at 50 percent, and the Board has denied a higher rating. The claim for residuals of TBI was also denied.,New evidence received since the August 2007 decision supports reopening claims for lumbar spine DDD, cervical spine degenerative arthritis, and left shoulder disability. Service connection is granted for these conditions.,The Veteran's PTSD is currently rated at 50 percent, and the Board has denied a higher rating. The claim for residuals of TBI was also denied.