Back / lumbar spine decisions — 2014

The RO denied service connection for the listed conditions, including those allegedly related to participation in Project SHAD. The Veteran's claims have been previously denied and are now final.

The Board has determined that the Veteran's low back and cervical spine disabilities were not incurred or aggravated during active service, nor may arthritis of these areas be presumed to have been so incurred.

The Veteran's claims for service connection for left hip and low back disabilities have been denied as there is no evidence of a chronic disability at any time pertinent to the appeal.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, providing the Veteran with a new VA examination to determine if current disabilities are related to service, and ensuring all evidence is considered in the decision.

The Board has determined that the June 2009 VA opinion is not adequate to decide the claim and an addendum is necessary. The Veteran's current low back disability may have been aggravated during his June 1998 period of ACDUTRA.

The Board has remanded the case for a videoconference hearing due to the Veteran's request and is willing to appear in person.

The Board has determined that the Veteran does not have a current diagnosis of a low back disability, left hip disability, or sleep apnea. The claims for service connection for these conditions are therefore denied.

The Board has determined that additional VA treatment records and possibly vocational rehabilitation or temporary files may be relevant to the Veteran's claims. The case is being remanded for these records to be obtained.

The Veteran's service-connected disabilities, including lumbosacral sprain with degenerative changes, degenerative disc disease, left ankle fracture residuals, and right middle finger fracture residuals, prevent him from securing or following a substantially gainful occupation. The Board finds that his TDIU claim is granted.

The Board has dismissed the motions alleging CUE in both the February 26, 2007 and February 2, 2012 decisions which denied service connection for a low back disability as there is no longer a case or controversy regarding these issues.

The Veteran's lumbosacral strain does not meet the criteria for a disability rating in excess of 20 percent.

The Board found that the Veteran's current low back disability is not related to service and denied his claim for service connection. The hearing loss issue was remanded as there were insufficient medical opinions regarding its etiology.

The Board denied the Veteran's claim for service connection for a back disorder in April 1950, finding insufficient evidence to support a link between post-service disability and that noted during service. The Veteran is seeking revision or reversal of this decision on grounds of CUE.

The Veteran withdrew their appeal, thus the case is dismissed.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a low back disability, including a strain, degenerative joint disease (DJD), and disc herniation with degenerative disc disease (DDD). The Veteran's chronic residuals of an in-service low back injury are considered service-connected. However, his lumbar disc herniation and lumbar DDD were not incurred in or related to military service.

The Veteran's appeal includes claims for higher ratings for his low back disability and associated radiculopathies. The case has been remanded due to the need for additional development, including obtaining VA outpatient records since April 2013.

The Board found no evidence of a low back disability in service or within one year post-service, and concluded that the Veteran's current degenerative disease is not related to his military service. The claim for residuals of frostbite of the feet was remanded due to insufficient medical opinion regarding its etiology.

The Board denied the Veteran's claim for service connection for a back disorder, including cervical and lumbar degenerative disc disease. The appeal is now remanded to the RO for further development.

The Veteran's claim for an increased evaluation of his service-connected low back strain with degenerative changes was denied by the Board, as it did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining a VA examination and addressing his new theory of entitlement based on cold injury exposure in Korea. The issues of whether new and material evidence has been received sufficient to reopen previously denied claims for service connection for a cold injury of bilateral feet and a bilateral hand disability, claimed as a cold injury are also being remanded.