Back / lumbar spine decisions — 2014

The Board found that the Veteran's current low back disability did not pre-exist service and was not aggravated by service. However, there is no clear and unmistakable evidence showing a continuity of symptoms since service, thus denying service connection.

The case is being remanded due to the loss of the claims file and missing evidence. The Veteran will be scheduled for a VA examination to assess his service-connected residuals of prostate cancer, and additional development will be completed as requested in the March 2010 Remand.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy of the right lower extremities do not warrant a higher evaluation as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's myofasical lumbosacral pain syndrome, with degenerative changes, and residuals of a laminectomy and fusion was rated at 20 percent prior to November 2, 2011. Since then, the rating has been increased to 40 percent.

The Board denied service connection for a deviated nasal septum, finding that the condition preexisted service and was not aggravated by service. The Veteran's PTSD claim is addressed in the REMAND portion of this decision.

The Board has remanded the case for further development, including a new VA examination to clarify whether any current lumbar spine disorder is related to service or service-connected right knee disability and if so, whether it is aggravated by the service-connected condition.

The Veteran's service-connected back and psychiatric disabilities preclude all substantially gainful employment for which his education and occupational experience would otherwise qualify him.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected psychiatric disability and whether it renders him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection for various knee, foot, and neurological disabilities were denied. The Board has reopened the previously denied claims of service connection for left and right knee arthritis but has determined that there is no current disability of either hip or TMT joint. Service connection was not granted as the evidence does not establish a nexus to service.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 are being remanded due to incomplete opinions regarding the validity of her diagnoses, the proper administration of medications, and the relationship between her disabilities and service.

The Veteran's metastatic squamous cell carcinoma of the lung is granted service connection as it was related to herbicide exposure during service. The claim for a low back disorder remains pending and requires additional development.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for a back disorder will be reconsidered.

The Board has granted the Veteran's claim for service connection for a respiratory disability, finding that his pre-existing allergic rhinitis increased in severity during service. The back disability claim is remanded for further development.

The Veteran's current back disorder is etiologically related to the back injury he sustained while on active duty, and service connection for residuals of a back injury is granted.

The Board denied the Veteran's claim of service connection for a low back disorder, finding that new evidence submitted did not change the outcome and that his current condition is not related to service or any service-connected disability.

The Board has ordered a new VA examination to address the Veteran's claims for service connection for low back, right hip, and shortened right leg disabilities. The examination will assess whether these conditions are related to service or any other relevant factors.

The Veteran's service-connected chronic lumbosacral strain has rendered him unable to obtain and follow a substantially gainful occupation since November 26, 1997. The Board grants TDIU with an effective date of November 26, 1997.

The Board found that the Veteran's claims for hepatitis C, low back disorder, acquired psychiatric disorder (schizoaffective disorder with depressive features), and glaucoma were not supported by credible evidence of in-service injury or chronic symptoms. The Board denied these service connection claims.

The Board has determined that the Veteran did not have a brucellosis infection or lumbar spine disorder in service, and thus cannot establish service connection for these conditions.

The Veteran's representative disagrees with the award of $8,537.22 in attorney fees and has requested appellate review.