Back / lumbar spine decisions — 2014

The Veteran's service-connected back disability and related conditions worsened, necessitating restoration of special monthly compensation (SMC) based on need for aid and attendance from April 1, 2011.

The Board has determined that the Veteran does not have a low back disability that is attributable to his active military service or caused by his service-connected bilateral knee disabilities. Therefore, service connection for a low back disability is denied.

The Board has found that the Veteran's current back disability is etiologically related to her service, and thus grants service connection for a back disability.

The Board has granted a 10% rating for the Veteran's bilateral pes planus (flat feet) and found that service connection is warranted for her lumbar strain, but not related to active duty or any other condition. The effective date of this decision is not specified.

The Veteran's claims for higher initial ratings for his left shoulder, knee, and lumbar spine disabilities have been denied. The Board found that the evidence did not support a rating higher than 20 percent for recurrent dislocation of the left shoulder or limitation of flexion of the left knee from February 22, 2012.

The Veteran's initial rating for his degenerative disc disease of the cervical spine remains at 10 percent, as his range of motion and symptoms do not meet the criteria for a higher rating.

The Board has determined that the Veteran's low back disorder is not due to disease or injury incurred in service, and therefore denied his claim for service connection.

The Veteran's claims for service connection of lumbar spine, right hip and left ankle disorders have been denied as there are no current diagnoses. The Veteran's residuals of a traumatic brain injury claim has also been denied.

The Board has remanded the Veteran's claim for additional development, including obtaining payroll records and providing a VA examination to determine if his low back disability is related to his military service.

The Veteran's low back disability is currently rated at 20 percent, effective December 2, 2011. The right knee disability is currently rated at 10 percent. Both conditions are found to be adequately addressed and not in need of higher ratings based on the provided evidence.

The Board has determined that the Veteran's back disability and left foot drop did not have their onset during active service, nor are they otherwise related to service. The claims for service connection were denied.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, as he was not diagnosed with low back strain or arthritis during his active duty. The preponderance of evidence shows that any current DDD is more likely related to post-service factors such as obesity and repetitive injury rather than in-service episodes of back strain.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability, bilateral hip disability, and bilateral hearing loss. However, the evidence does not support a finding that these conditions are related to service.

The Board has determined that the Veteran's lumbosacral spine disability, hypertension, and gastrointestinal disability are not related to active service or any incident of service.

The Board has reopened the Veteran's claim for service connection for a back disability and granted it. The claims for hypertension, left knee disability, right knee disability, residuals of malaria, and arthritis (secondary to shell fragment wounds) are also granted.

The Veteran's claim for back disability was reopened, and he is now entitled to service connection for left foot plantar fasciitis secondary to his right ankle disability. The rating for right foot plantar fasciitis remains at 10 percent.

The Board has denied the Veteran's claims for service connection for left knee disorder, low back disorder, bilateral hearing loss, tinnitus, and an acquired psychiatric disorder. The claim for right pointer and right middle finger disorders with scars is addressed in the REMAND portion of this decision.

The Board has determined that the appellant does not have a current low back disability that is related to his military service, and thus denied his claim for service connection.

The Board has determined that further development is needed, including additional examinations and opinions, to properly adjudicate the Veteran's claims for an increased evaluation for anxiety disorder and TDIU.

The Board has decided to remand the case for further development and an examination, as well as a supplemental statement of the case.