Back / lumbar spine decisions — 2014

The Board has remanded the case for additional development, including scheduling examinations and obtaining records. The Veteran's claims for service connection are pending.

The Board found that the Veteran's low back disability is not related to service and denied her claim for service connection.

The Veteran's service-connected disabilities do not meet the basic eligibility requirements for specially adapted housing or a special home adaptation grant due to his inability to walk and use a cane.

The Veteran's appeal is being remanded due to the need for additional examinations and development of records. The issues are whether he has a back disability, left leg disability, or right leg disability that is related to his service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an examination to assess the severity of his service-connected disabilities. The issue of entitlement to TDIU will also be addressed on remand.

The Board found that the Veteran's current cervical spine osteoarthritis, degenerative disc osteophyte complex disorder, and radiculopathy are not related to service.

The Board found that the June 1979 rating decision denying service connection for a low back disability was not subject to reversal or amendment due to clear and unmistakable error (CUE). The effective date of April 16, 2008, for the grant of service connection remains unchanged.

The Board found that the Veteran's back disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's PTSD with major depressive disorder, sinusitis, stomach disorder (GERD), and fibromyalgia are all found to be service-connected. The lumbar spine and cervical spine disorders are also found to be service-connected as secondary to the fibromyalgia.

The Veteran's right lower extremity radiculopathy associated with a service-connected low back disability is characterized by mild shooting pain that extends from the low back to the right foot. The Board found the evidence did not support a rating in excess of 10 percent.

The Board has denied the Veteran's claims for service connection for low back disability, left foot disability, hypertension, and hernias due to lack of evidence linking these conditions to his military service.

The Veteran's claim for service connection for hypertension secondary to PTSD has been granted. The claims for an earlier effective date for PTSD and a higher initial rating for PTSD are pending, while the TDIU claim is denied.

The Veteran's cervical and lumbar spine disabilities, along with associated radiculopathy, have been granted increased ratings. The right lower extremity radiculopathy is rated at 30 percent effective September 26, 2009.

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

The Board has found that the Veteran's lumbar spine disorder is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Veteran's low back disability is service-connected, and he was granted a higher rating for PTSD. The claim for an initial higher rating remains before the Board.

The Board has remanded the case for additional development, including obtaining new VA examinations and any relevant private treatment records.

The Board has remanded the case for additional examinations and consideration of the Veteran's claims due to her current residence in Germany.

The Veteran's claim for service connection for OSA has been reopened, and the Board finds that new and material evidence has been submitted to reopen this claim. Service connection is granted.,Service connection is also granted for a bilateral knee disability, low back disability, and bilateral ankle disability.

The Board finds that the Veteran's right elbow and low back disorders are not related to service, as there is no evidence of a chronic condition in service or continuity of symptomatology since service.