Back / lumbar spine decisions — 2014

The Board has remanded the case due to the need for additional evidence and a VA examination. The Veteran's claim of service connection for a back and neck disability is pending.

The Board has determined that the Veteran's claims for service connection for tinnitus, low back disability, hypertension, prostate cancer, and hearing loss have been withdrawn. The claim of service connection for hearing loss was denied as there is no evidence to support a finding of in-service noise exposure or chronic otitis media resulting in current hearing loss.

The Board has remanded the case due to inadequacies in the VA examination and the need for additional evidence, including physical examinations during employment as a police officer, chiropractic treatment records from Dr. B., and any other treatment identified by the Veteran.

The Veteran seeks service connection for a back disability and an effective date prior to September 1, 2012, for the start of additional pension benefits on account of his dependent daughter. The case is being remanded for further development.

The Veteran's service-connected recurrent lumbosacral strain is currently rated as 10 percent disabling. The Board found that the evidence did not meet criteria for an evaluation in excess of 10 percent prior to July 24, 2012; and granted a 20 percent rating from July 24, 2012 to February 6, 2013, and a 40 percent rating as of February 7, 2013.

The Veteran's degenerative disc disease of the lumbosacral spine was granted an initial evaluation in excess of 10 percent, but not more than 20 percent, effective from October 21, 2011.

The Board found that the low back disability was not incurred or aggravated during service and is unrelated to any in-service injury, disease, or event. The current condition is not caused by or made worse by a service-connected disability.

The Veteran's claim for an increased evaluation of his lumbosacral strain/sprain with disc herniation at L4-L5 was granted, and he is now rated 60 percent disabling effective July 19, 2012. The issue of service connection for sleep apnea remains pending.

The Board has determined that the Veteran's low back disability is related to his service-connected left ankle and/or soleus muscle disabilities, granting service connection for this condition.

The Board has reopened the Veteran's previously denied claims for service connection of a back disability and bilateral shoulder disabilities. The appeals are granted.

The Board has determined that the Veteran's lumbar spine arthritis is not service connected as it was not incurred in or aggravated by his service-connected bilateral knee disability. The claim for heart or chest disability remains pending.

The Board found that the Veteran's cervical spine disability and left shoulder pain are not related to service, and thus denied his claims for service connection.

The Veteran's appeal for service connection for right shoulder, low back, right leg, and left leg disorders has been denied as there is no evidence of a current disability or in-service injury that would support the claims.

The Veteran's lumbar spine and cervical spine degenerative disc disease, as well as his right and left hip disabilities, are found to be related to service. The benefit of the doubt is resolved in favor of the Veteran.

The Veteran's claim for a compensable rating for residuals of bilateral inguinal hernia repair is granted.,The claim for service connection for depression, to include as due to in-service exposure to mustard gas and as secondary to service-connected disabilities, is granted.

The Board has remanded the Veteran's claims due to the need for additional examinations and development of records.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current low back disability is etiologically related to active service, and thus grants his claim for service connection.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board has granted service connection for the Veteran's back disorder, finding that it was aggravated by his military service. The claim is reopened and service connection is established.

The Board has determined that the Veteran's claims for service connection are being remanded due to potential exposure to environmental contaminants in Guam, but no evidence of Agent Orange exposure. The case will be returned to the AOJ for further development and adjudication.