Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's lumbar degenerative disc disease, status post laminectomy and fusion, with disc herniation and disc protrusion is service-connected.

The Board denied a request for an effective date prior to May 13, 2010, for the grant of service connection for degenerative disc disease of the lumbar spine. The Veteran's claim was initially denied in April 2009 and reopened on May 13, 2010.

The Veteran's appeal is remanded due to outstanding medical records and the need for a new VA examination. The issue of service connection for bipolar disorder has been referred back to the AOJ.

The Veteran is seeking service connection for a cervical spine disorder, including cervical strain and degenerative disc disease of the cervical spine. The Board has determined that additional development is needed to determine if her current condition is related to her active duty service.

The Board found that the Veteran's current low back disorder is not etiologically related to his service and denied his claim for service connection.

The Board has determined that the Veteran's back disorder is aggravated by his service-connected traumatic arthritis of the left ankle, and therefore grants service connection for this condition.

The Board denied the Veteran's claims for increased ratings for his anxiety disorder and lumbar strain, finding that the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran's lumbosacral degenerative disc disease is causally related to his military service, and the Board has granted service connection for this condition on a direct service connection theory.

The Board has remanded the case for additional development and adjudicative action due to incomplete records, including those from a private treatment provider in 1988 and the November 1990 Workman's Compensation settlement document.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus denied both issues of entitlement to service connection.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further consideration. The Veteran's low back disorder claim, along with his psychiatric disability and TDIU claims, are inextricably intertwined and must be adjudicated together.

The Board has determined that the Veteran's right heel disorder and low back disorder are not service-connected, as there is no evidence to support a connection between these conditions and his active duty service.

The Board has remanded the Veteran's claim for service connection for a lumbar spine disorder due to incomplete development of the record. The issue will be reconsidered after additional examination and evidence is obtained.

The Veteran's current hearing loss, tinnitus, cervical degenerative disc disease with disc herniation, headaches, and bilateral shoulder condition are not considered to be related to his active service.

The Veteran's claims for increased ratings were denied. The RO found that the Veteran's right shoulder, left knee, and right meralgia paresthetica disabilities are already rated appropriately at 10 percent.

The Board finds that the Veteran's current back disability and hypertension are not related to his service, as they did not manifest within a year of separation from service or during service. The preponderance of evidence does not support a finding of direct service connection.

The Veteran's claim for a permanent and total disability rating for pension purposes is being remanded due to the need for additional development, including an examination of his disabilities and consideration under extra-schedular criteria.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and Social Security Administration records. A new examination is also required to assess the impact of his service-connected lumbar strain on his employment.

The Board has determined that the Veteran's current low back, left hip, and right hip disabilities were not incurred or aggravated during service.,There is no evidence of chronic low back disability in service. The VA examiner opined that it is less likely than not that the current low back disorder was incurred in service.