Back / lumbar spine decisions — 2014

The Veteran withdrew his appeal, and the Board has dismissed the case.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's degenerative disc disease of the lumbosacral spine is aggravated by his service-connected chondromalacia patella of both knees.

The Board found that the Veteran's current low and upper back disabilities are not related to his military service, as there is no evidence of chronic symptoms or a connection between his in-service injury and his current conditions. The claims for service connection were denied.

The Veteran's appeal involves multiple issues related to effective dates for service connection and disability ratings. The Board has determined that additional development is needed, including obtaining results of VA January 2008 vascular studies and/or EKG study, reviewing all relevant evidence added since the April 2012 statement of the case, and issuing a supplemental statement of the case.

The Veteran's cold injury residuals to the right upper extremity have been rated at 30 percent, which is the maximum rating available under Diagnostic Code 7122.

The Veteran meets the schedular requirement for TDIU, and her service-connected disabilities render her unemployable.

The Veteran's claim of service connection for a disability manifested by pain in the legs and feet was denied as there is no evidence to support that these conditions are related to his military service.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and radiculopathy of the lower extremities were denied. The VA found that the evidence did not support a higher rating based on the severity of his symptoms or functional impairment.

The Board has determined that the Veteran does not have a current respiratory disorder or low back disability for which service connection can be granted.

The Board has determined that the Veteran's osteoid osteoma of the left hip and low back disorder, to include degenerative disc disease and degenerative joint disease, are not related to his military service.

The Veteran's claim for TDIU is being remanded to the AOJ for extraschedular consideration due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for back disability, finding that there was no direct or secondary service connection due to lack of evidence linking his current condition to his military service.

The Board denied the Veteran's claims for service connection of lumbar spine DDD, gout secondary to diabetes mellitus, and GERD secondary to diabetes mellitus. The Court vacated and remanded these determinations due to issues with the duty to assist.

The Board found that the Veteran's current low back disability is not related to his service and denied service connection for this condition. The heart disability issue remains pending.

The Board finds the Veteran's prostate cancer was not incurred in service and denied his claims for back, left foot, bilateral knee, and GERD disabilities.

The Veteran's claim for service connection for a low back disability, to include as secondary to his service-connected right heel disability, is being remanded due to the need for additional development and examination.

The Board denied the Veteran's claims of service connection for right and left hip disabilities, finding no evidence of such conditions during the appeal period. The claim for an increased evaluation for lumbar spine disability was also denied as there is no evidence that the condition has resulted in unfavorable ankylosis or incapacitating episodes.

The Board has determined that the VA examination is inadequate to determine the issue on appeal and has therefore remanded for another VA examination. The Veteran's low back condition may be related to his military service, but further medical opinion is needed.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records.