Back / lumbar spine decisions — 2014

The Veteran's claims for increased ratings and service connection were partially granted. Service connection was established for a lumbar spine disability, but not for higher ratings or a specific type of rating. The left hand tremor condition (claimed as dystonia) was also granted service connection.

The Veteran's right ankle disorder appeal has been withdrawn.,Service connection for a kidney disorder (chronic kidney stones) is denied as the condition is considered a congenital defect and not service-connected.

The Board has determined that the Veteran's claims for service connection for various disabilities, including right foot, low back, bilateral knee, bilateral hip, and left foot disabilities, cannot be granted as there is no credible evidence of an in-service injury or disease related to these conditions. The preponderance of the evidence does not support a finding of continuity of symptomatology since active service.

The Board has reopened the previously denied claim for service connection for low back disability and remanded the issue of determining whether service connection should be granted on the merits. The Veteran's VA physician provided an opinion linking his current lumbar spine disability to military service.

The Board has determined that there is no current evidence of a low back or left knee disability, and thus service connection for these conditions cannot be granted.

The Board has granted service connection for PTSD, but the status of service connection for low back disorder and skin disorder is unknown due to insufficient evidence. The Veteran's acquired psychiatric disorder (including PTSD) is considered a result of combat stressors experienced during his deployment in Iraq.

The Veteran's claim for an increased disability rating for chronic lumbar strain was granted, with a 20 percent rating effective June 10, 2010. Separate ratings of 10 percent were assigned for neurological impairment of the right and left lower extremities associated with the service-connected lumbar strain. The Veteran's claim for TDIU due to service-connected disabilities was also granted.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD and cognitive disorder, was denied. The VA examiner found that the Veteran does not meet the criteria for a diagnosis of PTSD and his currently diagnosed cognitive disorder is not related to service.

The Veteran's claims for service connection for right and left knee disabilities have been denied. The Board notes that the RO has not considered whether these conditions are secondary to his service-connected lumbar spine disability.

The Board has remanded the case for additional development due to lack of consideration of lay reports and recent medical evidence.

The Board has determined that the Veteran's claimed lumbar spondylosis, right shoulder disability, and bilateral knee disability are not service-connected as they are not shown to be related to his military service.

The Veteran's low back disability has not been shown to meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine. The current 10 percent rating is maintained.

The Veteran's memory loss is presumed to be due to an undiagnosed illness, but diabetes mellitus, bilateral foot and ankle disabilities, thoracolumbar spine arthritis, hypertension, bilateral leg disability, peripheral neuropathy of the lower extremities, and erectile dysfunction are not attributable to service or a service-connected condition.,The Veteran's memory loss is presumed to be due to an undiagnosed illness. Diabetes mellitus, bilateral foot and ankle disabilities, thoracolumbar spine arthritis, hypertension, bilateral leg disability, peripheral neuropathy of the lower extremities, and erectile dysfunction are not attributable to service or a service-connected condition.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals due to his absence from the previously scheduled hearing. His right foot disability rating has been increased, but he still seeks service connection and an increased rating.

The Board finds that the Veteran's current low back disabilities are not related to his active military service and denies his claim for service connection.

The Board finds that the Veteran's additional disability is not due to VA medical treatment in April 1998, as his condition was already present and progressed naturally.

The Board denied service connection for a low back disorder, bilateral leg disorder, and erectile dysfunction. The evidence did not support the Veteran's claims.,Service connection was not granted as there is no direct evidence linking these conditions to his active military service.

The Board dismissed the Veteran's appeal due to his withdrawal of appeals for service connection for a respiratory disability as due to exposure to asbestos, and increased evaluations for cervical spine degenerative joint disease and spondylosis, temporomandibular joint disorder. The claim for an initial evaluation in excess of 10 percent for lumbar spine degenerative disc and joint disease remains pending.

The Veteran's appeal of service connection for a back disability has been dismissed as the AMC granted entitlement to service connection and assigned a rating effective October 31, 2003.

The Board has denied the Veteran's claims for service connection for irregular heart beat and/or palpitations, back disorder (osteoarthritis), and depression. The evidence does not support a finding of in-service injury or disease related to these conditions.