Back / lumbar spine decisions — 2015

The Board has ordered a remand for the Veteran's claims of service connection for low back disability, bursitis, and cervical spine osteoarthritis. The case will be returned to the AOJ for additional development.

The Board has determined that the Veteran's current back disability and acquired psychiatric disorder are related to his service, meeting the criteria for direct service connection.

The Veteran's attorney has withdrawn the issues of service connection for diabetes mellitus, type II; a right shoulder disability; bilateral hearing loss; degenerative disc disease; and hypertension from appellate status.

The Board has determined that the Veteran's thoracolumbar degenerative disc disease was not incurred during service and is not related to any in-service injury or disease. The claim for this condition is therefore denied.

The Veteran's claim for service connection for PTSD was denied as there is no credible evidence of a verified in-service stressor. The Veteran's current diagnoses do not meet the criteria for PTSD.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Board has remanded the case due to incomplete records and procedural issues, including scheduling a DRO hearing. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is on hold until all requested records are obtained and reviewed.

The Board has granted service connection for a lumbar strain and the residuals of a fracture of the distal right great toe, but denied service connection for degenerative joint disease of the first metatarsal phalangeal joint. The Veteran's lumbar strain is considered to be related to his in-service back pain, while the residuals of the right toe fracture are also considered to be related to his in-service injury. However, the Board found no evidence linking the current degenerative joint disease to service.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective June 22, 2009. Separate ratings of 10 percent each are assigned for radiculopathy of the left and right lower extremities associated with his service-connected lumbar spine disability.

The Board has granted service connection for bilateral hearing loss and lumbar spine degenerative disc disease with disc protrusions, finding that the evidence is sufficient to establish a current disability and its relationship to service.

The Board has reopened the claims for right and left ankle disabilities, low back disability, gastroesophageal reflux disease (GERD), headaches, and right hip disability. The claim for a rating in excess of 10 percent for right knee disability is REMANDED.

The Board has remanded the case for additional development to obtain missing VA treatment records, verify in-service stressors, and provide a new VA psychiatric examination.

The Board has reopened the Veteran's claim of service connection for a back disorder and granted it. The issue of service connection for vertigo is also addressed, with an examination recommended to determine its etiology.

The Board has dismissed the Veteran's appeal for service connection for PTSD due to the grant of service connection for depression NOS. The Veteran's lumbar spine disability remains on appeal and a new examination is required.

The Board has reopened the claim of service connection for a low back disability and granted it, finding that there is at least equipoise evidence in favor of the Veteran's claim.

The Board has granted the Veteran's claims for service connection for tinnitus, low back disability (reopening of previously denied claim), and obstructive sleep apnea. The bilateral leg disability claim is remanded to the AOJ.

The Veteran's migraine headaches have been rated as noncompensable since June 4, 2010. Effective November 1, 2011, the Veteran is now rated at 50 percent for his migraine headaches.,From November 1, 2011, the Veteran's service-connected conditions have resulted in a combined disability rating of 70 percent or more, qualifying him for consideration of TDIU.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, finding that there was no clear and unmistakable evidence of pre-existing conditions that were aggravated by service. The Board also found that any change in condition during service was due to natural progression.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and a VA examination. The issues of service connection and TDIU are inextricably intertwined.

The Veteran's right shoulder disability was found to have originated in service and is granted. The low back, right leg (including the knee), right ankle, and right foot disabilities are not related to service.