Back / lumbar spine decisions — 2014

The Veteran's appeal is remanded for additional development, including providing notice on how to substantiate secondary service connection claims and scheduling a VA examination to address the etiology of his psychiatric disorder.

The Board has remanded the claim for service connection for a back disability, to include as secondary to service-connected left knee disability due to inadequate examination report and need for further development.

The Board has remanded the claims of entitlement to service connection for hypertension and cardiovascular disease due to additional development being required. The Veteran's lumbar spine disorder claim is also remanded for further examination and opinion.

The Board has remanded the case for additional development, including seeking an addendum opinion from a VA spine examiner regarding whether the Veteran's low back disability is proximately due to or aggravated by his service-connected allergic rhinitis.

The Board denied service connection for a right elbow disorder and did not find new and material evidence to reopen claims of service connection for chest pain, PTSD, cervical/thoracic strain, low back strain, residuals of concussion, or conjunctivitis. The Veteran's current symptoms do not meet the criteria for these conditions.

The Board has remanded the case for additional development due to incomplete records and unavailability of certain service dates. The Veteran contends her current back disorder is related to her Reserve duty, but the RO needs to verify all periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).

The Veteran's degenerative arthritis of the lumbar spine does not meet or approximate criteria for a higher evaluation, warranting a final denial.

The Veteran's back disability is found to be a result of his participation in VA vocational rehabilitation services, specifically lifting boxes during work-study program. The Board finds the injury proximately caused by this service and grants benefits under 38 U.S.C.A. § 1151.

The Board found no evidence of a current back or neck disorder present during service, and concluded that the Veteran's current conditions are not related to his military service.

The Veteran's lumbar strain and thoracic paraspinal strain disability has not resulted in any ankylosis or incapacitating episodes, so the current 40 percent evaluation is appropriate.

The Veteran's bilateral hearing loss and tinnitus are found to be service-connected, with the back disability issue being remanded for further examination.

The Veteran's appeal is being remanded to the RO/AMC for additional development of his claims, including a review of new evidence and readjudication.

The Veteran's appeal has been withdrawn for the issues of arthritis of the bilateral knees, degenerative disc disease of the cervical spine, an eye condition, residuals of a shoulder injury, and fibromyalgia. The issue of entitlement to a rating in excess of 10 percent for pes planus is also dismissed.

The Veteran is entitled to an effective date of June 1, 2003 for his retroactive restoration of retired pay due to service-connected disabilities.

The Veteran's appeal is being remanded for a Board videoconference hearing. The issues of entitlement to service connection for various conditions are under consideration.

The Board has dismissed the Veteran's appeals for service connection of hyperlipidemia, lung disability, cyst on the back, left hip disability, and lumbar spine disability. The claim for tinnitus was granted.

The Board has determined that the VA examination report is inadequate and remands the case for another VA examination to determine if the Veteran's cervical spine disorder had its onset in service. The Veteran should also be asked to submit any other information, including private treatment records.

The Board has determined that the Veteran's Hepatitis C and low back disorder were not incurred or aggravated in service, as there is no credible evidence linking these conditions to his military service.

The Board has determined that further examination and opinions are needed to determine the etiology of the Veteran's claimed disabilities, including bilateral hearing loss and cervical spine disability. The left foot injury claim is also remanded for additional development.