Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's back disability and acquired psychiatric disorder are at least as likely as not related to service, granting service connection for both conditions.

The Board has determined that the Veteran's spondylolisthesis of the lumbar spine and post-operative residuals of hallux rigidus of the bilateral feet are related to service, granting service connection for these conditions. The right knee disability is denied as there is no evidence linking it to service.

The Board has granted service connection for radiculopathy of the right lower extremity, finding it related to the Veteran's service-connected lumbosacral strain with degenerative changes.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected degenerative arthritis of the lumbar spine is being remanded due to the need for additional development, including a new VA examination and updated medical records.

The Board has determined that the Veteran's current low back strain and bilateral shoulder strain began during his military service, meeting the criteria for service connection.

The Board found that the Veteran's lumbar spine disorder was not caused by or aggravated by his service-connected bilateral plantar fasciitis, and denied the claim.

The Veteran's claims for service connection and higher ratings were denied. The earlier effective date claims for peripheral neuropathy (PN) of the right lower extremity, left lower extremity, and SMC based on loss of use of a creative organ were also denied.

The Board found that the Veteran's degenerative disease of the lumbar spine is a result of injury incurred during active military service and granted service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and verifying his periods of active duty and inactive duty training. A VA examination will be scheduled to determine the etiology of any current back disorder.

The Veteran's initial rating for lumbar spine DDD and strain has been granted at a 10 percent evaluation, effective February 27, 2008. The current disability picture does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claim for additional development, including obtaining medical records and providing a new VA examination to determine if his low back condition is related to service.

The Board has granted the petition to reopen the claim for service connection of a low back disability, finding that new and material evidence has been submitted. The issue is now on remand for further development.

The Board found that the Veteran's current low back disability was incurred during service and granted service connection for a low back disorder.

The Board has determined that the Veteran's left shoulder disorder and low back disorder did not begin during service or within one year of discharge, and there is no evidence linking these conditions to his military service. The current disorders are considered to be due to natural progression of degenerative joint disease.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbar spine and bilateral hearing loss were denied, as well as his claim for service connection for headaches. The Board found that the evidence did not support a higher rating for either condition.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of a low back disability, which is now considered secondary to service-connected bilateral pes planus and bilateral knee disabilities. The Veteran's current low back disability was not incurred or aggravated in service, may not be presumed to have been incurred or aggravated in service, and is not proximately due to, or the result of, or chronically aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of any low back disability. The Veteran's asthma claim is also remanded as no Statement of the Case has been issued.

The Veteran's cervical spine disability with radiculopathy had onset within one year of separation from service and is therefore granted.

The Veteran requested to withdraw his appeal regarding the reopening of a previously denied claim for service connection for chronic lumbosacral strain with scoliosis. The Board has dismissed the appeal due to this request.

The Veteran's claims of service connection for respiratory, low back, bilateral knee, and bilateral ankle disabilities are being REMANDED due to the need for additional development.