Back / lumbar spine decisions — 2014

The Veteran's claims for service connection for arthritis of the hands, feet, and low back are being remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Board denied service connection for a low back disorder and a respiratory condition.,Service connection was also denied for alcohol dependency, cocaine dependency under 38 U.S.C.A. § 1151, right elbow condition, and right hip condition.

The Veteran's chronic low back strain was found to be aggravated by his military service. The claims for bilateral hearing loss and tinnitus were reopened due to the submission of new evidence.

The Board has remanded the case for further development, including a new VA examination and clarification of the diagnostic codes used to rate the Veteran's left leg disabilities. The claim will be returned to the Board after these actions are completed.

The Veteran's lumbosacral strain was rated at 20 percent from May 29, 2009 to May 23, 2010. From May 24, 2010 to May 21, 2013, the rating was increased to 20 percent due to additional limitation of function during flare-ups.,The Veteran's right shoulder strain was rated at 10 percent from May 29, 2009. The effective date for a 40 percent rating for lumbosacral strain is May 22, 2013.

The Veteran's appeals for the denial of service connection for a right ankle disability, left shoulder disability, and increased ratings for right knee instability and arthritis have been dismissed due to his request for withdrawal.

The Veteran's service connection claim for epilepsy was denied. The initial rating for his lumbar strain disability was granted at a 10% level, but the issue of TDIU remains pending.

The Board has remanded the case for additional development due to missing service treatment records and a need for clarification on PTSD diagnosis.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, low back disability, neck disability, bunion right foot, and bunion left foot were denied. The Board found that the evidence did not support a finding of direct service connection for these conditions.

The Board has determined that the Veteran's claim of service connection for tinnitus was denied in a February 2005 rating decision. The RO did not receive a timely substantive appeal with respect to this issue, and thus the decision became final.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a total disability rating based on individual unemployability.

The Board finds that none of the claimed disabilities are related to service, and thus service connection is denied for all issues.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Board found that the Veteran's current back disorder is not related to his military service and denied his claim for service connection.

The Board has granted service connection for cervical and lumbar spine disabilities, finding that the Veteran's current conditions are related to his active duty. Service connection is not granted for a bilateral hip disability as there is no evidence of its onset in or being otherwise related to service.

The Board has remanded the case for further development of the record, including an addendum medical opinion regarding the etiology of the Veteran's low back disability. The Veteran is seeking service connection for his current back disability.

The Board has granted service connection for PTSD with MDD and tinnitus, but the other issues remain denied. The Veteran's claim of new and material evidence to reopen his bilateral leg disability including leg cramps is dismissed.

The Veteran's claims for service connection for low back disability other than pre-existing conditions and angioedema (claimed as allergic reactions) due to prostate cancer are being remanded for additional development. The Veteran is seeking service connection for these conditions on a secondary basis.

The Veteran's lumbar and thoracic paraspinal strain results in limited motion but does not meet the criteria for a higher rating.

The Board denied the Veteran's request to reopen his claim of service connection for a left femur fracture and also denied his secondary service connection claim for a back disability. The evidence did not establish that the Veteran's current conditions were related to service or service-connected disabilities.