Back / lumbar spine decisions — 2015

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbar spine strain is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing a new VA medical opinion regarding the relationship between his service-connected left knee disability and right knee and back disabilities.

The Veteran is granted a 40 percent rating for his lumbar degenerative disc disease since October 30, 2008. The claim of entitlement to an increased rating is granted with the exception of the period from December 9, 2008 to December 31, 2009 when he received a temporary total rating for convalescence.

The Veteran's low back disability, idiopathic thrombocytopenic purpura, skin cancer, diabetes mellitus, type II, peripheral neuropathy of the bilateral lower extremities, glaucoma, and cataracts are all found to be related to his service due to radiation exposure.

The Veteran's claim to reopen the issue of entitlement to service connection for a psychiatric disorder is dismissed as moot due to the grant of CUE in the April 1976 Board decision. The appeal regarding the back disability rating remains.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to service, as there was no in-service noise exposure and no chronicity of symptoms within one year of separation from service. The other conditions were also not found to be related to service.

The Veteran's combined disability rating was increased to 100 percent, effective January 20, 2012. The appellant is entitled to accrued benefits in excess of $9,038.00 due to the Veteran at his death.

The Board has determined that the Veteran's current thoracic spine disorder is related to his active duty service and grants service connection for this condition.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's low back disability is likely attributable to his military service, and the Board has granted service connection for this condition. The acquired psychiatric disability (anxiety disorder) is not addressed in detail as it was remanded.

The Board has granted service connection for the Veteran's right thumbnail disorder, low back disorder, and left foot disorder. The right thumbnail disorder is considered to have been incurred during active duty for training in 1979. Service connection was also established for the low back disorder and left foot disorders as secondary to the low back disorder.

The Veteran withdrew his appeals for the issues of service connection for bilateral hearing loss, tinnitus and a low back disorder, as well as an increased initial disability evaluation in excess of 10 percent for the service-connected left ankle prior to January 11, 2012, and in excess of 20 percent thereafter.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of any diagnosed conditions related to his service-connected cervical spine disability.

The Board has decided to remand the case due to missing service records from the Veteran's period of active duty in the Army, which may be relevant to his claim for a low back disorder.

The Board has remanded the case for additional development, including obtaining opinions from an orthopedic specialist regarding the relationship between the Veteran's service-connected right tibia and fibula disability and his claimed hip and back disorders.

The Board has determined that the Veteran's prostate disability and back disability are not related to his service, including exposure to herbicides.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of his TDIU claim. The case will be returned to the Board after completion of this development.

The Board is remanding the case to further develop and consider the Veteran's claim for service connection for a lumbar spine disorder, including as secondary to his service-connected bilateral plantar fasciitis. The VA examiner must provide an opinion regarding whether the Veteran's current lumbar spine disorder was caused or aggravated by his service-connected bilateral plantar fasciitis.

The Veteran is seeking service connection for his right shoulder disorder, which he claims was caused or aggravated by his service-connected lumbar spine disability and diabetes. The Board has determined that a new VA examination is needed to address the etiology of the Veteran's right shoulder condition.

The Veteran's left hip arthritis is found to be at least as likely as not caused by his in-service injury, and service connection for this condition is granted. The low back and left lower extremity conditions are unclear due to conflicting medical opinions and need further examination.