Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's low back disorder began during his active duty service and is therefore granted service connection.

The Veteran's prostate disability is not service-connected, and the Board finds that there is no evidence linking his current BPH to any in-service incident. The Veteran's lumbar spine disability has been rated based on its severity.

The Board has decided to remand the case for additional development, including obtaining a medical opinion and ensuring that any additional evidentiary development suggested by the examiner is undertaken.

The Board has determined that the VA examination is inadequate and requires further development of the Veteran's claim for service connection for low back disability.

The Veteran seeks to reopen his claim of service connection for a back disorder. The Board has ordered additional development, including obtaining all available service treatment records and service personnel records.

The Veteran seeks a higher initial evaluation for his service-connected traumatic arthritis of the lumbosacral spine. The case is being remanded to obtain updated medical records and to schedule the Veteran for an examination to determine the severity of his disability.

The Board has determined that the Veteran's current back disorders are not related to his military service and have denied both claims for service connection.

The Veteran's compensation benefits were terminated due to his fugitive felon status, but the Board found that this termination was solely due to administrative error and thus not properly created.

The Veteran's appeal is currently pending and has been remanded for further development, including adjudication of increased rating claims for his service-connected back and bilateral knee disabilities. The TDIU claim will be reconsidered in light of all pertinent evidence.

The Veteran's claims for increased ratings were denied. The RO granted the claim to assign a rating of 40 percent for status post back injury with lumbar strain and degenerative disc disease, effective May 23, 2008.

The Board has ordered a remand due to the need for an updated VA examination and opinion regarding the etiology of the Veteran's low back disability, which is presumed to be related to service. The case will be returned to the Board after further development.

The Veteran's service-connected disabilities result in the loss of use of one lower extremity and residuals of an organic injury, which together preclude his locomotion without a walker. The Board grants eligibility for specially adapted housing but denies the special home adaptation grant due to the law.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for various disabilities, including a low back disability, respiratory disorders, bilateral hearing loss, and bilateral hand disabilities. The VA will obtain medical records, provide new examinations, and consider the Veteran's complaints and history in determining the etiology of his conditions.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues of service connection and TDIU are not addressed in the decision.

The Board found that the Veteran does not have a current low back disability and denied service connection for all issues.

The Board found that the Veteran's current lumbar spine disability did not begin during service and is not otherwise related to military service, thus denying service connection.

The Board has remanded the case for further development, including obtaining clarifying opinions from a VA examiner regarding the foreseeability of severe postoperative infections that necessitate amputations and whether the Veteran's right foot amputation was due to carelessness or negligence on VA's part. The claims are inextricably intertwined with the issue of entitlement to compensation under 38 U.S.C.A. � 1151 for amputation of the right foot, which must be resolved first.

The Veteran's claims are being remanded for further development and consideration, including the retrieval of relevant documents such as service treatment records, SSA records, VA examination reports, and hearing transcripts. The claims will be readjudicated after these steps.

The Board has determined that the Veteran's lumbar spine degenerative disc disease is not etiologically related to an in-service injury, event, or disease; did not manifest in service or within a presumptive period; and is not proximately due to or aggravated by service-connected disability. Therefore, the claim for service connection is denied.

The Board has ordered a remand to address the Veteran's lumbar spine disability, specifically whether it is related to his active duty service or pre-existing injury during inactive duty training. The case will be returned for further development and consideration.