Back / lumbar spine decisions — 2014

The Veteran's appeal of the issue of entitlement to a rating in excess of 40 percent for the service-connected lumbar degenerative disc disease, thoracic scoliosis, and stiff man's syndrome has been dismissed due to his withdrawal prior to the Board's decision.

The Board has granted the Veteran's request to reopen his claim of service connection for a low back disability and found that new evidence received since the July 2002 rating decision raises a reasonable possibility of substantiating the claim.

The Veteran's claims for increased ratings have been granted in a May 2012 rating decision, and the Veteran has indicated satisfaction with these decisions.

The Board finds that the Veteran's lumbar spine disability, including degenerative joint disease, did not develop as a result of service and is not related to any in-service injury. The cervical spine disability was also not incurred or aggravated by service.

The Board has remanded the case due to the Veteran's request for a video conference hearing before a Veterans Law Judge of the Board.

The Board has granted a 40 percent rating for the Veteran's residuals of a low back injury with degenerative changes, effective from January 11, 2012. The Veteran also received a separate 10 percent evaluation for left leg radiculopathy.

The Board has remanded the case for further development and consideration, including obtaining additional VA treatment records, an addendum opinion regarding the etiology of the Veteran's back disability, a new VA examination to address the current severity of his PTSD, and adjudication of the TDIU claim.

The Board has ordered a VA examination to determine the nature and etiology of the Veteran's back disability, which may be related to service. The case is now remanded for further development.

The Board found that the Veteran's headaches did not have their clinical onset in service and are not otherwise related to any period of active duty or reserve service.,The VA examiner concluded that the Veteran's low back disability was less likely than not related to his military service.

The Board has determined that the Veteran's right hip, lumbar spine, and cervical spine disabilities are secondary to his service-connected left foot and leg disabilities. The diabetes mellitus disability is also considered secondary to these service-connected conditions.

The Board has determined that the Veteran does not have a current back disability related to his military service and therefore, denied his claim for service connection.

The Board has determined that the Veteran's back disability was not incurred in or aggravated by service, nor can it be presumed to be related to active duty service or to a service-connected left knee disability. Therefore, the claim for service connection is denied.

The Veteran's claims for service connection are being remanded due to the need for additional medical records and further development.

The Board denied the Veteran's claims for service connection of a left shoulder disorder, as well as his claims for increased ratings for various other disabilities. The Veteran was not shown to have any diagnosed conditions related to his claimed disorders and there was no evidence supporting secondary service connection.

The Board is unable to make an informed decision on the service connection claims for right upper extremity and low back disorders due to conflicting evidence. Additional VA medical opinions are needed.

The Board has determined that the Veteran's current low back disability was caused by his military service and granted service connection for a low back disability. The initial rating for pseudofolliculitis barbae remains unchanged.

The Board has determined that the Veteran's current right knee, right shoulder, and lumbar spine disabilities are related to service. Service connection is granted for all three conditions.

The Board has granted the Veteran's petition to reopen his claim for service connection for a low back disability. The issues of entitlement to service connection for bilateral shoulder disabilities and an increased rating for left knee replacement are addressed in the REMAND portion of the decision.

The Board has remanded the case due to incomplete National Guard records and inadequate medical examination, requiring further development.

The Veteran's service-connected disabilities did not preclude substantially gainful employment for the period from November 21, 2006 to August 16, 2008.