Back / lumbar spine decisions — 2014

The Board found that the Veteran's current left knee and lumbar spine disabilities are not related to his service, including as due to an undiagnosed illness. The preponderance of evidence is against the claims.

The Veteran's back brace for his service-connected degenerative disc disease of the thoracolumbar spine does not tend to wear or tear clothing, thus denying entitlement to an annual clothing allowance.

The Board found that the Veteran's current back disability is not related to his service, specifically an in-service fall. The claim for secondary service connection based on pes planus was also denied as there is no evidence of aggravation.

The Board found that the Veteran's back disability was not present in service or until many years thereafter and is not related to service.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for left wrist, low back, and right knee disorders. The Veteran's other service connection claims are denied.

The Veteran's claims for increased ratings were denied as his lumbar spine disability does not warrant a rating in excess of 10 percent, and his right knee and left knee disabilities do not meet the criteria for compensable evaluations.

The Board found that the Veteran does not have a current diagnosis of an acquired psychiatric disorder, bilateral hip disability, bilateral heel spurs, or back disability related to service. The claims were denied as there was no evidence linking these conditions to service.

The Board has determined that the proposed reductions in disability ratings for degenerative disc disease with herniated discs at L4-L5 and L5-S1, and right knee chondritis of the patella were not supported by evidence showing material improvement under ordinary conditions of daily life.

The Veteran's claims for an increased rating for a lumbosacral spine strain and service connection for an acquired psychiatric disorder are being remanded due to the need for additional development, including new VA examinations.

The Veteran's service-connected chronic lumbar spine strain and degenerative disc disease of C4-5 have been granted increased ratings to 20 percent for the entire rating period on appeal.

The Board has determined that the Veteran does not have a current lumbar spine disability or left hip disability, and thus service connection cannot be granted for these conditions. The claims of entitlement to service connection for right hip disability and nonservice-connected pension are dismissed as the Veteran withdrew his appeal.

The Board has remanded the case for additional development, including obtaining service treatment records and VA examinations to determine the nature and etiology of various claimed conditions. The appellant's military service is also being reviewed to clarify her periods of active duty.

The Veteran's appeal is being remanded due to the need for new examinations to assess the current severity of his low back and right knee disabilities.

The Veteran's appeal of the issues related to effective dates for service connection has been withdrawn. The Board is dismissing these claims.

The Board has remanded the case due to inadequate VA examination and need for a new evaluation of hepatitis C. The service connection claim for low back pain remains on appeal, as does the increased rating claim for hepatitis C.

The Veteran's claims for service connection for hemorrhoids, a lumbar spine disorder, a cervical spine disorder and tinnitus are granted. The claim for an increased rating for residuals of a partial tear to the left medial collateral ligament is pending.

The Board has granted service connection for stenosis, spondylolisthesis and degenerative disc disease of the lumbar spine and degenerative joint disease of bilateral knees. Service connection was denied for a bilateral ankle disability.

The Veteran withdrew his appeals for all claims except for service connection for a psychiatric disability and alcoholism. The remaining claims are dismissed.

The Board has determined that the Veteran's back disorder, diagnosed as degenerative disc disease of the spine, was incurred during Active Duty for Training (ACDUTRA) service and is granted service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and attempting to obtain private medical records. The examiner will be asked to provide an opinion on whether the current back disability at least as likely as not began in or is related to active service.