Back / lumbar spine decisions — 2014

The Veteran's claims for service connection have been reopened, but the evidence does not support a grant of service connection for COPD, right shoulder disorder, left shoulder disorder, diabetes mellitus, or head injury. The Veteran is entitled to increased evaluations for focal pain syndrome with severe migraine headaches and post-traumatic scar of the left forehead.

The Board has remanded the case due to incomplete records and a need for clarification of the private medical opinion.

The Veteran's appeal is being remanded for additional development, including a new examination and obtaining outstanding medical records. The TDIU claim will also be adjudicated at this time.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board found that the Veteran's scoliosis existed prior to service and was not aggravated by service. The Veteran's osteoarthritis of the thoracolumbar spine, however, did not develop within one year of separation from service.

The Veteran's claims for service connection for bronchitis, allergic rhinitis, GERD, and TBI were denied. Service connection was granted for cervical spine disability with a 10% rating effective July 16, 2009, and lumbar spine disability with a 10% rating prior to November 28, 2011, and a 20% rating thereafter.

The Veteran's claim for an increased disability rating for his lumbar spine disability is being remanded due to the need for more recent medical evidence and a new VA examination.

The Board found that the Veteran did not have a low back disability at the time he filed his claim and has not had one during the appeal period. The Board also found that there is no evidence of a current diagnosis for erectile dysfunction, thus denying service connection for this condition.

The Board found that the Veteran's back and bilateral leg disabilities are not related to service, as there is no evidence of a chronic condition during or within one year after service. The claims for headaches and PTSD were also denied.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and is not etiologically related to her service-connected disabilities. Therefore, service connection for a low back disability was denied.

The Veteran's chronic lumbar strain is currently rated at 10 percent, the minimum rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's tinnitus began during military service and has been continuous since then, granting service connection for this condition. The other issues of service connection are addressed in the REMAND portion of the decision.

The Board found no evidence of a low back disability during service or within one year after discharge, and concluded that the Veteran's current degenerative disc disease is more likely due to his age and post-service occupation. Therefore, service connection for a low back disability was denied.

The Board has remanded the case due to inconsistencies in the Veteran's reported service history and need for clarification regarding any potential National Guard training period. The Veteran is requested to provide information about his fall from a tank during active duty, which may have occurred during ACDUTRA or INACDUTRA.

The Board finds that the evidence is at least in relative equipoise as to whether a lumbar spine disorder was incurred in service, and grants service connection for this condition.

The Board has remanded the case due to outstanding medical records and a need for a VA examiner's opinion regarding the separation of symptoms resulting from service-connected low back strain from those resulting from a November 1989 motor vehicle accident.

The Veteran's left knee disability is service-connected as secondary to his right knee disability.,The Veteran's right knee subluxation and right lower extremity radiculopathy are both rated at the maximum available evaluation.

The Board found that the Veteran's hypertension and back disorder were not related to his period of service, as there was no evidence of chronicity or continuity of symptoms since service. The claims are therefore denied.

The Board has remanded the case for additional development, including obtaining an addendum opinion from the examiner who conducted the June 2013 VA examination regarding functional loss due to pain on use or flare-ups of the Veteran's service-connected degenerative arthritis of the lumbar spine.

The Board found that the Veteran's current low back disability, including degenerative disk disease and degenerative joint disease, is not related to his active service. The preponderance of evidence does not support a finding for service connection.