Back / lumbar spine decisions — 2014

The Board denied the Veteran's claims for service connection for tinnitus, back disability, and radicular pain of the left lower extremity. The TDIU claim based on Hepatitis C was also denied as his current rating already rendered this issue moot.

The Board has determined that the Veteran does not have any current disabilities related to her low back, right hip, or right thigh conditions. The evidence of record fails to establish any clinical manifestations of arthritis within the applicable time period for presumptive service connection on the basis of a chronic disease.

The Board has ordered additional development to obtain records from the Veteran's service and post-service treatment, as well as a new VA examination. The appeal will be remanded for these actions.

The Board found that the Veteran's current cervical spine disorder is not related to his period of service and denied his claim for service connection.

The Board finds that the Veteran's current TBI residuals and low back disability are at least as likely as not incurred in service, with the most probative evidence showing a history of treatment for these conditions during his military service. The examiner considered the Veteran's civilian occupation and recreational activities but did not discount the likelihood of an in-service injury contributing to his current disabilities.

The Board denied the Veteran's claims for service connection for bilateral pes planus, a bilateral leg disability, and a low back disability. The decision also found that new and material evidence had not been received to reopen the claim of service connection for bilateral pes planus.

The Board has determined that the Veteran's claimed conditions, including back disability, cervical spine disability, and right shoulder disability, are not related to service.

The Board has reopened the Veteran's claim for service connection for a low back condition and granted it. The claim for service connection for an acquired psychiatric disorder, separate from PTSD, is also granted.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the nature and etiology of his tinnitus claim, as well as determining the current severity of his service-connected right shoulder bursitis. The AOJ must also consider whether staged ratings are appropriate in light of Hart v. Mansfield.

The Veteran's claims for service connection for low back and bilateral hip disabilities are being remanded due to the need for additional development, including a VA examination.

The Board finds that the Veteran's claimed back and right shoulder disorders did not manifest during service or within one year of separation, and there is no credible evidence to support a finding of in-service injury. The claim for a right thumb and little finger disorder cannot be substantiated as there is no current diagnosis.

The Board has remanded the case for further development, including obtaining SSA disability records and private treatment records from Sacramento, California. The Veteran's right ankle and low back disabilities are also being examined to determine their relationship to service.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The Board has determined that the Veteran's GERD with IBS warrants a 30 percent rating throughout the appeal period, but no higher.

The Board denied the Veteran's claims for an effective date earlier than July 17, 2007 for the grant of SMC based on a need for aid and attendance. The issues regarding increased ratings for various service-connected disabilities were also denied.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral spine strain is being remanded due to the need for additional VA treatment records and examination.

The Veteran's appeal is being REMANDED for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his low back disability. The TDIU claim will also be addressed.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has granted the Veteran's request to reopen his claim for service connection for a back disability and has also granted the claim for service connection for a left hand disability. The appeal on the issue of service connection for a foot disability was withdrawn by the Veteran.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of her back disability and TMJ.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his low back disability. The issue of entitlement to TDIU has also been raised due to evidence suggesting he may be unemployable at least in part due to his service-connected low back disability.