Back / lumbar spine decisions — 2014

The Veteran's claims for service connection for a low back disorder and chronic kidney disorder were denied. His claim for non-Hodgkin's lymphoma was granted, but in remission.

The Board has determined that tinnitus is at least as likely as not incurred in service, and therefore grants the claim for service connection for tinnitus. The issues of right knee disorder, left knee disorder, and low back disorder are remanded due to additional development being required.

The Veteran's service connection claims for diabetes mellitus, hypertension, and degenerative disc and joint disease of the lumbar spine are granted as secondary to his service-connected compression fracture of L-1. The TDIU claim is also granted.

The Board has remanded the case for additional development, including obtaining treatment records and conducting examinations to evaluate the severity of the Veteran's service-connected conditions.

The Veteran's claim for a higher rating for his low back disability was granted, with the effective date being July 2014. The claims for service connection of right knee and sleep apnea disabilities were also granted as secondary to his low back disability.

The Board has determined that the Veteran's skin disability, chronic headaches, back disorder (including degenerative disc disease and sciatica), nail fungus of the hands and feet, sterility/erectile dysfunction, hypertension, and recurrent hemorrhoids are all connected to service. The appeal is granted for these conditions.

The Board has determined that the Veteran's chronic neck and back disabilities are not service-connected, as they are not shown to be related to her active duty or secondary to her service-connected tardive dyskinesia.

The Board found that the Veteran's low back disability is not etiologically related to active or National Guard service and denied his claim for service connection.

The Veteran's claim for an increased level of special monthly compensation based on the need for a higher level of aid and assistance has been denied as he does not meet the threshold requirements for attaining any of the required levels of SMC to warrant consideration of an increased rate based on a higher level of aid and assistance.

The Veteran's claim for service connection of a neck disability is being remanded due to the need for additional development, including an examination and review of medical records.

The Board has decided to remand the case for additional development, including a new VA examination and obtaining any outstanding medical records. The Veteran's claim will be reconsidered after these actions.

The Board denied the Veteran's service connection claims for pseudofolliculitis barbae, left wrist ganglion cyst, multiple muscle and joint pain, right leg bone condition, tinnitus, and back disability as new and material evidence was not received to reopen these claims. The Veteran's current back disability is not related to his active service.

The Board has determined that the Veteran does not have a liver disorder related to his military service and denied his claim for service connection. The issue of entitlement to an initial compensable rating for folliculitis is addressed in the REMAND portion of this decision.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for higher disability ratings or service connection.

The Veteran's degenerative joint disease of the lumbar spine was rated at 10 percent prior to August 18, 2008 and increased to 20 percent from August 18, 2008 to July 12, 2012.

The Veteran's degenerative joint disease of the lumbar spine was rated at 10 percent from February 25, 2009, and increased to 20 percent effective January 24, 2011. The Board found that an initial 20 percent evaluation is warranted for the period prior to January 24, 2011.

The Veteran's appeal for higher initial ratings on several service-connected conditions has been granted. The highest rating of 20 percent is assigned for left lower extremity radiculopathy, with the remaining conditions receiving their respective 10 percent ratings.

The VA determined that the Veteran's current low back disorder is not related to his service, including any in-service back pain or strain. The Board found no evidence of a chronic disease during service and insufficient continuity of symptoms after discharge to establish service connection.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining medical records and providing a VA examination.

The Board has reopened the Veteran's claims of service connection for right knee, left knee, and back disabilities due to new evidence provided by his private physician. The claims are now considered substantiated.,On de novo review, the Veteran's back disability is found to be related to his military service.