Back / lumbar spine decisions — 2014

The Board denied service connection for a low back disorder and bilateral knee disorders, as well as an acquired psychiatric disorder and GERD. The Veteran's claims were not reopened due to lack of new and material evidence.

The Board has determined that the Veteran's low back injury residuals are not related to his military service and therefore denied his claim for service connection.

The Board has determined that the May 2010 examination is inadequate and requires further development, including obtaining an updated VA examination to address the etiology of the Veteran's lumbar spine disorder and hip disorders. Additionally, a new VA examination for hearing loss is needed due to the passage of time since the last examination.

The Board has remanded the Veteran's claims for service connection due to incomplete development, including obtaining inpatient psychiatric treatment records from Landstube Germany and Bethesda Naval Hospital, as well as additional VA psychiatric examination.

The Board has determined that the Veteran's erectile dysfunction and lumbar muscle strain are related to his military service, with the latter being secondary to other service-connected disabilities. The claims for service connection have been granted.

The Veteran's service-connected right ankle, lumbosacral spine, bilateral hip and bilateral knee disabilities have effectively rendered him unable to use his lower extremities without the aid of braces, crutches, canes or a wheelchair. As such, he is entitled to specially adapted housing.

The Board has determined that the Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are not related to service, and thus denied both claims.

The Board has determined that the Veteran's tinnitus and low back disability are not service-connected. The claim for tinnitus was denied due to inconsistent reports of when the condition started, while the claim for a low back disability remains pending as it is unclear whether service connection had already been awarded.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for an increased rating under any applicable diagnostic codes.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's low back disorder is secondary to his service-connected right hip and right knee disabilities.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied an evaluation in excess of 40 percent for the Veteran's service-connected back disability, finding that his symptoms and impairment did not warrant a higher rating under the applicable schedular criteria.

The Board has remanded the case due to inadequate examination and development, requiring further action including obtaining additional medical opinions.

The Veteran's appeal for service connection for a lumbar spine disability has been dismissed due to the death of the appellant.

The Board has remanded the case to schedule a videoconference hearing. The Veteran's claims for service connection and rating of his disabilities remain pending.

The Board has remanded the case due to the need for a medical examination and opinion regarding the etiology of the Veteran's upper back disability, which may be related to service.

The Veteran's appeals for bilateral cataracts and a compensable rating for malaria have been withdrawn. The Board has found that tinnitus was incurred in service.

The Board has granted service connection for hiatal hernia with gastroesophageal reflux disease (GERD) and peptic ulcer disease, finding that these conditions are related to digestive system symptoms during service. Service connection was also granted for low back disability including lumbar degenerative disc disease, as it is not presumed due to the lack of a compensable degree within one year after separation from service. The Veteran's abdominal hernia claim has been withdrawn.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to reassess the severity of his service-connected lumbosacral strain.

The Veteran's tinnitus is granted, and his degenerative joint disease with intervertebral disc disease of the lumbar spine is rated at 20 percent effective March 17, 2009. The issue of TDIU remains pending.