Back / lumbar spine decisions — 2014

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's right shoulder and low back disorders, and additional treatment records are needed.

The Veteran's service-connected degenerative disc disease with anterior osteophytic ridging at L3-L4 has been manifested by pain and limitation of motion, but not incapacitating episodes or unfavorable ankylosis. Therefore, the claim for a higher rating is denied.

The Board has determined that the VA examinations are inadequate and additional evidence is needed, including private treatment records. The Veteran's service connection claims for a back disability and residuals of ingrown toenail removal will be remanded to allow for further development.

The Board has granted service connection for bilateral hearing loss and tinnitus.,The Veteran's claims of entitlement to service connection for a bilateral knee condition and low back condition are remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining his service personnel records and any relevant SSA disability benefits records. He will also be afforded VA examinations to determine the nature and etiology of his acquired psychiatric disorder, as well as his neck, arthritis, leg and knee, and back disorders.

The Board has granted service connection for residuals of a left leg stress fracture and a cervical spine disability. The acquired psychiatric disorder claim is pending as the Veteran recently raised this issue, but no specific diagnosis or etiology was provided in the decision.

The Board denied the Veteran's claims for SMC based on need for aid and attendance/housebound, earlier effective date for SMC based on need for aid and attendance, increased ratings for peripheral neuropathy of the upper and lower extremities. The RO acknowledged the Veteran's report of needing help with dressing, bathing, and buttoning clothes.

The Veteran's service-connected disabilities, including diabetes mellitus and orthopedic conditions, are found to be in equipoise with his ability to secure and follow substantially gainful employment. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities have been met.

The Board has determined that there is no evidence of a chronic low back or cervical spine disorder present during service, and the Veteran's current disabilities are not related to her active military service. The Veteran's hearing loss claim cannot be presumed as it did not manifest within one year after service discharge.

The Veteran has been granted service connection for PTSD, right shoulder degenerative joint disease, lumbar spine degenerative joint disease, and lower extremity radiculopathy. The respiratory disability claim is not supported by the evidence.,Service connection was established based on direct causation of these conditions in service.

The Board has determined that the Veteran's current degenerative disc disease disorder is not related to service and is not proximately due to, or worsened in severity by, his service-connected right leg disabilities. The claim for concussion syndrome with headaches was also denied.

The Board found that the Veteran's lumbar spine disabilities, including osteopenia and/or osteoporosis and diffuse spondylotic disc changes and degenerative disc disease, were not caused by VA carelessness or negligence, lack of informed consent, or an event not reasonably foreseeable. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran's low back disability and scoliosis are found to have been aggravated by service, warranting service connection for these conditions.

The Board has ordered a remand due to incomplete VA examination and outstanding medical records. The Veteran's spine disability is being evaluated for its etiology, including potential herbicide exposure during service.

The Board has determined that the Veteran's current low back disability did not begin during his period of service and is not related to any service-connected conditions, including his right and left knee disabilities. As such, the claim for service connection is denied.

The Board is remanding the case for a new VA examination to address the nature and etiology of the Veteran's low back disability, as well as whether it is caused or aggravated by his left knee disability. The AOJ must also obtain updated VA treatment records and any private treatment records from identified providers.

The Veteran's service-connected migraine headaches, lumbar spine degenerative disc disease, and osteochondritis (chest pain) disabilities are all rated at the maximum schedular ratings. However, due to marked interference with employment, the Board has granted extraschedular evaluations for these conditions.,Separate extraschedular ratings of greater than 50 percent for migraine headaches, greater than 60 percent for lumbar spine degenerative disc disease, and greater than 10 percent for osteochondritis (chest pain) are granted.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to service, and therefore denied service connection for these conditions.

The Veteran is granted service connection for bilateral pes planus.,Service connection is denied for loss of vision in the right eye and back disability.