Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's current thoracolumbar arthritis and degenerative disc disease are related to her service, including her job duties as a Medical Administration Specialist. The Board finds in favor of granting service connection for these conditions.

The Veteran's service-connected cervical spine disability does not manifest any separately ratable neurological manifestations, including upper extremity radiculopathy. Therefore, a separate compensable rating for this condition is denied.

The Veteran's arthritis in his thoracolumbar spine was not incurred or aggravated by active service, and the Board found no evidence to support a presumption of service connection based on exposure to Agent Orange or other environmental factors. The claim is denied.

The Board found that the appellant's current low back disorder is not related to his period of active duty for training in 1976, and thus denied service connection.

The Veteran seeks service connection for migraines, a back disability, and peripheral neuropathy of the lower extremities. The claims are being remanded to obtain additional medical opinions regarding the etiology of these conditions.,The Veteran seeks service connection for a back disability that is secondary to his service-connected malaria. The claims are also being remanded to obtain an opinion on whether the Veteran's peripheral neuropathy of the lower extremities is related to his malaria and post-service treatment, as well as any alleged bouts of malaria in service.,The Veteran seeks service connection for migraines that are secondary to his service-connected malaria. The claims are also being remanded to obtain opinions regarding the etiology of his peripheral neuropathy of the lower extremities.

The Board has granted the Veteran's claim for service connection for his lumbar spine disability, finding that it is aggravated by his service-connected schizophrenia.

The Board denied the claim for an effective date prior to March 14, 1994 for the award of a TDIU, finding that it was not factually ascertainable that a TDIU rating was warranted within the one-year period prior to March 14, 1994.

The Board has determined that the Veteran's current diagnoses of back disorder, Pseudofolliculitis Barbae (PFB), cold injury residuals of the right hand, left hand, right foot and left foot are related to his active service. The claim for an ankle disorder is not reopened.

The Veteran's service connection claims for bilateral hip and knee disorders, peripheral neuropathy/radiculopathy, and pes planus were granted. He was assigned a 10% disability rating for pes planus effective October 17, 2013.

The Veteran's claim for compensation under 38 U.S.C.A. ¶ 1151 for a back disability as a result of treatment at the VA Medical Center in San Diego, California is denied because there is no competent evidence that she has a current diagnosis of a back disability.

The Veteran's claim for payment of VA compensation benefits was denied as he did not timely provide a waiver of his retirement pay, which would have allowed him to receive both retirement and compensation.

The Board has determined that another attempt should be made to schedule the Veteran for necessary VA examinations to assess the nature and etiology of his claimed disabilities due to incomplete service records, including those from National Guard service and both periods of active duty. The case is also remanded to obtain dental treatment eligibility determinations.

The Board found that the Veteran's lumbar spine disability is not causally or etiologically related to service, including any injury or event therein.

The Board has determined that the Veteran's current back disability is not related to his service, and therefore denied his claim for service connection.

The Board denied service connection for back disability and right knee disability, as well as the Veteran's request for increased ratings for left knee disability. The decision also noted that some issues were remanded.

The Veteran's low back disability was rated at 10 percent prior to May 15, 2010 and increased to 40 percent thereafter. The claim for TDIU remains pending.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for additional examination and development of records.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The issues of pension benefits and compensation rating for chalazia are also being addressed.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent under VA regulations, as it does not demonstrate limitation of motion or incapacitating episodes that would warrant such an increase.

The Board found that the Veteran's service-connected right knee disabilities did not warrant a separate rating for limitation of flexion, and thus severed the separate 20 percent rating. The claim for increased rating was denied as there was no evidence showing aggravation of lumbar spine disorder by service-connected bilateral knee disabilities.