Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining medical records and issuing a statement of the case regarding his knee disabilities.

The Board has determined that the Veteran does not have a current diagnosis of peripheral neuropathy, bilateral knee disability (to include arthritis), or lower back disability. The preponderance of evidence is against finding service connection for these conditions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of upper back disability, low back disability, thoracolumbar spine disability, and cervical spine disability. The Board finds that these disabilities are at least as likely as not incurred during service.

The Veteran's claims for increased ratings have been denied as the evidence does not show that his service-connected conditions meet or approximate the criteria for a higher disability rating under any applicable diagnostic code.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, eye disability (refractive error), right and left knee patellar tendonitis, lumbar spine disability, cervical spine disability, and left hip degenerative joint disease. The decision found no evidence of a nexus between these conditions and active military service.

The Veteran's psychiatric disorder, to include PTSD, is not service-connected.,The Veteran's symptoms of pain in the bilateral arms, legs, back and neck; sinus disorder; skin disorder; and stomach disorder have been attributed to known clinical diagnoses.

The Veteran's unauthorized medical expenses incurred at the Naval Hospital in Jacksonville, Florida on December 12, 2009 are now covered by VA as it meets all criteria for emergency treatment of a service-connected disability.

The Board found no evidence linking the Veteran's current lumbar spine disorder to service and denied her claim for service connection. The TDIU claim was also denied as there were no service-connected disabilities rated at least 40% combined that met the criteria for a TDIU.

The Board has determined that the Veteran's current neck disability, including degenerative disc disease and facet arthropathy, is related to her service due to continuous symptoms following separation from active duty. The claim for service connection is granted.

The Board has determined that the Veteran's claimed thoracolumbar spine disability is not related to his service and therefore denied service connection for this condition.

The Board finds that there is no probative evidence of record to support the claim for service connection for a low back disorder, as it was not incurred in or caused by active duty.

The Veteran's back condition and depression are found to be secondary to his service-connected knee disabilities, with the depression being granted service connection.

The Veteran's anxiety disorder and current tinnitus are found to be related to service. The case is remanded for a VA examination regarding the etiology of his back disability, which may be related to an in-service fall from a truck.

The Veteran's claims for a bilateral leg disability and an increased evaluation for lumbar strain were denied. The Board found no current evidence of a bilateral leg disorder, and the low back disability is currently rated at 20 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess her cervical and lumbar spine disabilities.

The Board has decided to remand the case for additional development, including obtaining in-patient service treatment records and a VA medical opinion regarding the etiology of the Veteran's low back disability. The appeal will be reconsidered after these actions.

The Board found that the Veteran's neck, wrist, hand, and right foot disabilities are not service-connected. The back disability was granted a 20% rating.

The Veteran's representative withdrew the appeal, satisfied with his current rating of 40 percent for his back condition.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a compensable rating for ED, hemorrhoids, or hypothyroidism.

The Veteran's combined disability rating is 70 percent, with a single disability rated 40 percent. The Veteran is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities.