Back / lumbar spine decisions — 2015

The Board has remanded the case for an addendum opinion regarding the Veteran's lumbar spine disability, as there is insufficient rationale in the previous examination and no analysis of prior injuries or diagnoses affecting his current condition.

The Veteran's residuals of right thumb injury are related to active service and the claim for service connection is granted.

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) was granted effective January 6, 2011. The criteria for TDIU were met as the Veteran's service-connected disabilities rendered him unable to work at his previous job due to health issues.

The Board has reopened the Veteran's claim and found that new evidence supports a service connection for arthritis of the lumbar spine and left lower extremity radiculopathy, which are related to his in-service injury.

The Veteran's claims for service connection for tinnitus, prostate hypertrophy, hypertension, and a back disability were denied. The claims for increased ratings for depression and onychomycosis of both hands, as well as TDIU prior to February 6, 2012, are addressed in the REMAND portion of this decision.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence.,For her claim of service connection for feminine problems, to include tubal ligation and unusual menstrual cycles, the Board finds that she has submitted sufficient evidence to reopen her claim.

The Veteran's claim for service connection for a low back disability was reopened and granted. Service connection is also established for left shoulder arthritis, right shoulder arthritis, headaches, PTSD with cognitive disorder, and TBI. The Veteran's hearing loss and hypertension are not service-connected.

The Board has remanded the case for further development, including an audit of the Veteran's account and a current financial status report. The Veteran is to be provided another opportunity to submit evidence related to his request for waiver of recovery of overpayment.

The Board has remanded the case due to a need for additional development, including obtaining records related to court martial proceedings involving Kinsell and Bradford.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially-gainful occupation prior to December 11, 2009, effective July 23, 2003.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has determined that the Veteran's current lumbosacral syndrome with fusion for herniated lumbar disc is at least as likely as not related to his in-service back injury, and service connection is granted.

The Board has remanded the case for additional development, including obtaining service treatment records and any relevant private medical records. The Veteran's claim of entitlement to service connection for back and neck disorders is currently pending.

The Board has remanded the case for additional development, including obtaining private and VA treatment records and affording the Veteran a VA examination. The issues of entitlement to higher initial evaluations for the service-connected lumbar spine disability and claims for loss of teeth 8 and 9 due to trauma and a surgical scar of the lumbar spine remain in appellate status.

The Veteran's appeal has been withdrawn by his representative, resulting in the dismissal of the case.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. � 1151, service connection for renal cell carcinoma, dermatitis, memory loss, diabetes mellitus, type II, and degenerative disc disease of the lumbar spine.

The Veteran's lumbar spine disability was rated at 40 percent prior to January 18, 2010 and 20 percent since July 1, 2010. The Veteran's headaches were rated at 50 percent effective May 3, 2011.

The Veteran's appeal is being remanded for additional development to obtain medical records and determine the nature and etiology of any back, left leg, and right leg disorders.

The Veteran's appeal has been dismissed as he requested to withdraw all his appeals except for the claim of entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's PTSD has been rated at 100 percent since December 17, 2013, due to total occupational and social impairment.