Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's current lumbar spine disorder is not related to his active service and has denied his claim for service connection.

The Board has remanded the case due to incomplete records and a need for further examination. The appellant's low back disorder is being reviewed, but service connection will be decided based on the merits of the claim rather than any presumption or secondary condition.

The Veteran is found as likely as not in need of the regular aid and attendance of another person due to his service-connected disabilities, which include DDD of the lumbar spine, depression, status-post right elbow lateral epicondylectomy with radial tunnel release residual with arthralgia, radiculopathy of right lower extremity, radiculopathy of left lower extremity, and scar residuals. The Board grants special monthly compensation based on the need for aid and attendance.

The Veteran's claims of service connection for a back disorder and left knee disorders are being remanded to obtain medical opinions on the questions as to whether these disorders are related to his active service. The claim of secondary service connection for a right knee disorder is also being remanded.

The Veteran's appeal is being remanded to obtain additional medical opinions and for further development of his claims, including a VA examination.

The Veteran's lumbar strain with arthritis and disc herniation and stenosis is currently rated at 20 percent, effective May 8, 2012.,The Veteran's radiculopathy of the right leg remains at a 10 percent rating.

The Veteran's appeal for an increased evaluation of diabetes mellitus was withdrawn prior to the Board making a decision. The remaining issues regarding scoliosis, specially adapted housing, special home adaptation grant, and need for aid and attendance are remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining a VA medical opinion regarding the relationship between his lumbar DDD and service-connected conditions, as well as arranging for an appropriate examination to determine the current severity of his lumbar paravertebral myositis. The TDIU issue has also been raised.

The Board found no evidence of a back disability or lipoma during service and denied the Veteran's claim for service connection.

The Veteran's service-connected mechanical low back strain is currently rated at 20 percent since December 22, 2011. The Board denied an increased rating for the period prior to that date.,For the period since December 22, 2011, the evidence does not meet the criteria for a higher evaluation of mechanical low back strain.

The Board has remanded the case due to inadequate opinions and the need for further development regarding service connection claims for a low back disorder and gastrointestinal disorder.

The Board has determined that the Veteran's lumbar spine disability is related to service and granted service connection for this condition. However, there is insufficient evidence to establish a link between his bilateral pes planus and service. The Veteran's hearing loss does not warrant a compensable evaluation.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbar spine and associated radiculopathy in the right lower extremity was denied. The Board found that a rating higher than 10 percent prior to April 30, 2009, or higher than 20 percent from April 30, 2009, is not warranted.

The Veteran's low back disability is currently rated at 10 percent, effective January 5, 2007. The claim for an increased rating has been denied.

The Veteran's appeal has been dismissed as the Veteran requested to withdraw his appeal for the remaining issues.

The Board finds that the evidence is in equipoise as to whether the Veteran's current low back disability (diagnosed as degenerative disc disease and arthritis) is related to his period of active service. Service connection for a low back disability is granted.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support higher ratings or a TDIU based on her service-connected conditions.

The Veteran's service connection claims for coronary artery disease and low back disability have been granted. The Veteran was diagnosed with coronary artery disease, which is presumed due to his in-country Vietnam service exposure to herbicides. For the low back disability claim, the Board found that while there was no evidence of a chronic condition during service or within one year post-service, the Veteran's current degenerative joint and disc disease can be linked to his reported injury in service lifting heavy drums.

The Veteran has been granted service connection for bilateral hearing loss and tinnitus, both of which are considered to have had their onset during his active military service. Service connection is also granted for a low back disability, as the evidence supports that it was incurred during service.

The Veteran's claims for increased ratings of his service-connected left hip, right knee, and bilateral knee disabilities have been granted. The effective date is not specified.