Back / lumbar spine decisions — 2014

The Veteran's claims for service connection and increased ratings were denied. The claim for left ear hearing loss was not substantiated as the Veteran did not have sufficient impairment to qualify as a disability. The claim for service connection for residuals of left leg thrombosis, respiratory disability, and left knee disability is addressed in the REMAND section. Other claims are denied.

The Board has reopened the Veteran's claim for service connection for a low back disability and determined that it is at least as likely as not related to his in-service injury. Service connection is therefore granted.

The Veteran withdrew his appeals for service connection for a back disorder, PTSD reopening claim, and psychosis for treatment eligibility. The Board has dismissed these claims.

The Veteran's death was caused by his service-connected conditions, which put additional strain on his body and resulted in his untimely death. The Board is remanding the case for further development to obtain an addendum opinion regarding the cause of death.

The Board has remanded the case for a new VA examination to address the etiology of the Veteran's back disorder, as well as consideration of all relevant evidence including VA treatment records from January 2010 to present. The claims will be readjudicated based on this additional development.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, thus meeting criteria for TDIU.

The Board has remanded the case for further development due to incomplete records and inadequate VA examinations. The Veteran's claims for service connection are pending.

The Board is remanding the case for further development due to a lack of compliance with previous remand directives.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of the Veteran's degenerative disc disease of L5-S1.

The Veteran is service-connected for multiple disabilities and finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected lumbosacral spine and left leg disabilities. Therefore, the Board grants a TDIU.

The Board has remanded the case for extraschedular consideration of the Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine and for adjudication of his TDIU claim.

The Board has remanded the case for additional development, including obtaining VA and non-VA treatment records, as well as verifying the Veteran's reported stressors from basic training. The appeal is now pending again with the AOJ.

The Veteran's service-connected disabilities rendered him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of others, warranting special monthly compensation based on need for regular aid and attendance.

The Board found that the Veteran's cervical spinal stenosis and degenerative disc disease of the cervical spine are not service-connected as they were congenital defects without superimposed injury or disease, and there is no evidence showing a link between these conditions and service.

The Board is remanding the case for additional development, including obtaining service treatment records and VA treatment records. The Veteran will be scheduled for a new examination to determine if his back, right hip, and left hip disabilities are related to service.

The Veteran's erectile dysfunction is found to be related to his service-connected mood disorder, left eye disability and back disability. The Veteran also meets the criteria for SMC based on the need for aid and attendance due to his service-connected disabilities.

The Veteran's PTSD symptoms cause occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent disability rating for PTSD.

The Veteran's claim for a TDIU is being remanded due to the need for additional examinations and consideration of recent VA treatment records.

The Veteran's appeal is being remanded due to the receipt of additional relevant treatment evidence and the need for a VA examination to assess his service-connected disabilities.

The Board has determined that the Veteran's current neck and back disabilities are related to his service, including a grenade explosion during basic training. Service connection is granted for these conditions.