Back / lumbar spine decisions — 2015

The Veteran withdrew the appeal for the issue of entitlement to service connection for a back disorder prior to its decision.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Veteran's claims for service connection for Parkinson's disease, herniated cervical disk, and herniated thoracolumbar disk are being remanded due to the need to obtain additional records from SSA, the Mayo Clinic, Dr. Schwartzman, Dr. Ford (Columbia Presbyterian Hospital), Dr. Waters, Dr. Depolo, and Dr. Rhee.

The Board has determined that the appellant does not have a current lower back disability and thus, service connection for this condition is denied. The VA examinations are needed to determine appropriate evaluations for PTSD, left shoulder separation with bursitis, and mild anterolisthesis of the cervical segment of the spine.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for left knee and lumbar spine disabilities, including consideration of recent lay statements and medical opinions.

The Board has decided that the case should be remanded for additional development, including obtaining medical opinions and treatment records.

The Veteran's appeal is being remanded for additional development, including scheduling examinations and obtaining VA treatment records.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a back disability. The Veteran's back disability is found to be related to his active service, including an in-service injury while participating in physical training (PT). Service connection is granted.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran's low back disability and lower extremity radiculopathy are being remanded for additional development as the August 2011 VA examination is not adequate to address his assertions of continuity of symptomatology since service.

The Board has determined that new and material evidence was received to reopen the Veteran's claim for service connection for a back disability. The Veteran served in Vietnam, presumptively exposed to herbicides. His current back disability is presumed due to his combat experience in Vietnam.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues include service connection for left knee disability, low back disability (secondary to left knee), and TDIU.

The Board has determined that the Veteran does not have a current back disorder or left foot disorder related to service. The claims for service connection of these conditions are therefore denied.

The Veteran's claim is granted as the medical expenses incurred for emergency room services at Carondelet Holy Cross on April 23, 2013 are authorized and reimbursable due to a service-connected condition.

The Veteran's appeal is being remanded for a rescheduled hearing before a Veterans Law Judge of the Board.

The Board has remanded the Veteran's claims due to inadequate medical opinions and the need for updated VA treatment records. The TDIU issue is inextricably intertwined with the lumbar spine claim.

The Board has determined that the Veteran's back, right knee, and right shoulder disabilities are not related to his active service. The preponderance of evidence does not support a finding of chronicity or incurrence during service.

The Board has determined that the Veteran's DDD of the lumbar spine with associated right lower extremity radiculopathy was incurred in active service.

The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the schedular requirements for a TDIU. However, due to his employment history and education level, he may be unemployable as a result of his lumbar spine disability on an extraschedular basis.

The Veteran's current disabilities of the right foot, right knee, left leg, and low back are not considered to be related to his in-service shrapnel injuries. The Board finds that there is no credible evidence linking these conditions to service.