Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's right and left foot disabilities, diagnosed as degenerative joint disease of the bilateral metatarsophalangeal joints, bilateral hallux valgus, and a right plantar calcaneal spur, are etiologically related to his active service. The Board also found that the criteria for service connection on a secondary basis have been met for the Veteran's low back disability, diagnosed as status post total right hip replacement.

The Board has reopened the claims for service connection for bilateral ankle disorder, low back disorder, and left eye hyperopia and amblyopia. The claim for service connection for bronchitis was reopened with new evidence showing a current diagnosis of bronchitis. Service connection is granted for these conditions. No service connection is granted for pancreatitis or left hip disorder.

The Veteran's appeal for service connection for enlarged heart muscles has been dismissed as he requested the Board to withdraw his appeal.

The Veteran withdrew his appeals for all issues related to service connection, including those involving lower back disorder, upper back disorder, right hip disorder, left hip disorder, right leg disorder, left leg disorder, acquired psychiatric disorder, residuals of a head injury, and seizure disorder. The appeal is dismissed.

The Veteran's appeal for a higher disability rating for his degenerative disc disease of the lumbar spine has been dismissed due to the death of the appellant.

The Veteran's mild lumbar degenerative disc disease has not resulted in any incapacitating episodes or ankylosis, and his range of motion is within the criteria for a 10 percent rating.

The Veteran's claims of reopening and service connection for tinnitus, bilateral hearing loss, a back condition, neck condition, right knee condition, and left knee condition are pending. The RO found new and material evidence in some cases but denied others on the merits.

The Board has remanded the case for additional development, including obtaining treatment records and providing an opinion regarding whether any cervical or thoracolumbar spine disabilities had their onset in service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The issues of increased rating for low back disorder, earlier effective date for the assignment of a 20 percent rating for low back disorder, service connection for radiculopathy of the left lower extremity, cervical muscle strain, traumatic arthritis of the sternoclavicular joint of the left second rib, and gastroesophageal reflux disease are being remanded. The issue of TDIU is also being remanded.

The Veteran's service-connected lumbar and sacrococcygeal strain has been manifested by severe limitation of motion, due to pain. The VA examiner found forward flexion limited to 30 degrees or less.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to insufficient evidence of record regarding his service-connected back disability. Additional VA medical examination is required, as well as obtaining all outstanding VA treatment records from the appeal period.

The Veteran's service-connected disabilities, including migraines, sleep apnea, low back strain, left knee strain, right knee medial meniscus tear, tinnitus, hypertension, and other conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these service-connected disabilities.

The Board has determined that the Veteran does not have a current lower back disability related to service or his service-connected cervical spine disability, and therefore denied the claim for service connection.

The Board has denied the Veteran's claims for service connection for PTSD, a psychiatric disorder, and epilepsy. The claim for a chronic back disorder is remanded.

The Veteran's low back disability is rated at 20 percent, effective April 28, 2007. His left lower extremity radiculopathy is also rated at 20 percent, effective April 28, 2007.

The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Veteran withdrew his appeal for all of the remaining issues on appeal, including service connection claims and a claim for an initial rating in excess of 10 percent for Dupuytren's contracture of the right hand.

The Board found that the Veteran's current lumbar and cervical spine conditions were not incurred in service, and thus denied his claims for service connection.

The Board found that the Veteran's back disability did not have its clinical onset in service and is not otherwise related to active duty. Arthritis of the spine was not exhibited within the first post-service year, thus it could not be presumed to have been incurred therein.

The Board has determined that the Veteran's right knee and left ankle disabilities did not manifest during active duty or within one year of separation, and there is no evidence linking these conditions to service. The claims for lumbar spine disability, cervical spine disability (neck numbness), and left arm numbness are also denied as they do not meet the criteria for direct service connection.