Back / lumbar spine decisions — 2014

The Veteran's claim for vocational rehabilitation benefits was denied because he is already employed in a suitable position and does not have an employment handicap due to his service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. The epididymitis claim was granted with a noncompensable rating, while the urethritis, lumbar spine disability, bilateral knee disability, scars or marks on buttocks and coccyx, shortening of left lower extremity, and residuals of stomach injury claims were all denied.

The Board has remanded the case for further development, including scheduling a VA psychiatric examination to determine whether the service-connected schizophrenia caused or aggravated the Veteran's alcohol, cocaine and marijuana abuse. The RO should also request that the Veteran submit any outstanding documents referenced by his attorney, and schedule him for a VA dermatology examination to determine the current severity of his service-connected herpes simplex.

The Board finds that the Veteran's degenerative disc disease of the cervical spine is related to an in-service injury, and grants service connection for this condition.

The Board has remanded the case due to incomplete records and the need for additional development, including obtaining service treatment records from Guantanamo Bay and Camp Lejeune, North Carolina, as well as VA and private medical records.

The Board has granted service connection for a low back disability and assigned an initial 10 percent rating effective August 19, 2011. The Veteran's claim was reopened in April 2013 after his original claim from May 14, 1998 was denied.

The Board dismissed all claims for service connection due to the Veteran's withdrawal of his appeals, which was deemed effective when received by the Board.

The Board denied the Veteran's claims for service connection for various lower extremity and back disorders, finding that these conditions are secondary to his pre-existing flat feet. The appeal was not about service connection at all.

The Veteran's claims for service connection were denied, with the exception of his request to reopen a claim for service connection for a wrenched left knee. The denial was based on lack of evidence showing a nexus between current left knee disorder and service.

The Board has granted service connection for a left ankle disability and bilateral pes planus, but denied service connection for low back, neck, and shoulder disabilities. The Veteran's current foot condition is considered to have existed prior to his military service.

The Veteran does not have a currently diagnosed back disorder and the Board finds that there is no evidence of a current disability for which service connection may be granted.

The Veteran's appeal has been withdrawn, and his claims for increased ratings have not been decided by the Board.

The Veteran's appeal for an initial rating in excess of 20 percent for degenerative disc disease and osteoarthritis, lumbar spine has been dismissed due to his death.

The Board has determined that the Veteran's right hip disability does not meet or approximate criteria for a rating in excess of 10 percent, as there is no evidence of limitation of flexion to 30 degrees. The claim for an increased evaluation for bursitis of the right hip is therefore denied.

The Board granted a rating of 40 percent for the Veteran's lumbar spine disability, effective July 11, 2011. The decision also addressed service connection for left leg disability secondary to the lumbar spine disability.

The Veteran's cervical spine ankylosing spondylitis is currently rated at 100 percent, the highest schedular evaluation available. The Veteran also has a separate compensable rating for his neurologic abnormalities associated with his spinal condition.

The Board has determined that the Veteran's claimed left shoulder, low back, right little toe, and hepatitis C conditions are not etiologically related to service. The Veteran is not diagnosed with PTSD; depressive disorder is not etiologically related to service or a service-connected disability.

The Board has remanded the case for additional development due to inadequate VA examination and missing service treatment records. The Veteran's claim will be readjudicated after all requested actions are completed.

The Board has determined that the Veteran's headaches are related to his service, while his low back disorder is not. The claim for headaches is granted, and the claim for a low back disorder remains denied.

The Board has determined that the Veteran's back disability is service-connected, but his respiratory disability cannot be linked to his active duty service.