Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's low back, neck, and bilateral knee disabilities are not related to his active service. The thyroid disability is presumed to be due to herbicide exposure but the evidence does not support a finding of direct service connection.

The Board has remanded the Veteran's claims for service connection for right ankle and low back disorders due to incomplete VA examination reports, lack of relevant treatment records, and failure to provide adequate opinions regarding aggravation.

The Veteran's claim for an initial evaluation for a lumbar spine disorder in excess of 10 percent is being remanded due to the need for updated medical records and a new VA examination.

The Board has determined that new and material evidence has been submitted to reopen several service connection claims, including for tinnitus, back disability, pes planus, jaw disability (claimed as TMJ/prognathism), PTSD, right leg disability, sinusitis, and mitral valve prolapse. The Veteran's claims are currently under review.

The Veteran's claim for an increased rating for residuals of a fractured left fibula was granted. The claim for service connection for bipolar disorder was reopened and granted. Service connection for acquired psychiatric disorders, low back disability, and fractures of the left foot/toes were denied. Compensation under 38 U.S.C.A. § 1151 for left toe fractures was granted.

The Board found that the Veteran's current lumbar spine spondylosis and prostatitis were not incurred or aggravated by service, and denied both claims.

The Board finds that the Veteran's degenerative disc and joint disease of the lumbar spine is not related to service, as there are no chronic symptoms in service or within one year after separation. The condition was not shown to be caused by a service-connected knee disability.

The Veteran's service-connected disabilities, including low back strain and associated radiculopathy of the lower extremities, right shoulder disability, prevent him from securing or following substantially gainful employment.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and an acquired psychiatric disorder, but it is unclear whether these conditions are related to his service-connected disabilities or if they have any other etiology. The Veteran's current back pain may be secondary to his right leg disabilities, while his memory loss could be due to his in-service head injury.

The Board has remanded the case for clarification of records and an addendum opinion due to incomplete information and a need for further examination.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current severity of his service-connected cervical spine condition.

The Veteran's claims for increased evaluations of the service-connected lumbar paravertebral myositis, entitlement to service connection for bilateral lower extremity neuropathy, and earlier effective date for the award of service connection for a left knee disorder were denied.

The Veteran's lumbar spine disability was rated at 20 percent effective August 2, 2007. Prior to this date, the disability was not service-connected.,For meralgia paresthetica of the left leg, a non-compensable rating has been assigned since the initial grant of service connection.

The Board has determined that the Veteran does not have a low back disability or right leg sciatica due to service, and thus denied both claims.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and scheduling further examinations. The case will be reconsidered in light of all the evidence.

The Board has remanded the case due to a procedural deficiency and needs further development before deciding on the service connection for low back disability.

The Veteran's service-connected prostate cancer, anxiety disorder NOS and alcohol abuse, diabetes mellitus, diabetic nephropathy, hypertensive heart disease, and erectile dysfunction are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him. The Board finds that the Veteran is entitled to a TDIU predicated on his service-connected prostate cancer.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a back disability. The Veteran's claim is granted.

The Board has determined that the Veteran does not have a current disability for any of the conditions he is seeking service connection for, and thus, his claims are denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and likely etiology of the Veteran's claimed disabilities.