Back / lumbar spine decisions — 2015

The Veteran's claims for increased disability ratings are being remanded to allow for additional development of the record, including obtaining VA treatment records and affording the Veteran's representative an opportunity to review the case.

The Board denied the Veteran's claims of service connection for right hallux valgus correction, left foot disorder, and lumbar spine disorder. The decision also addressed a claim under 38 U.S.C.A. § 1151 for additional right foot disability as the result of VA osteotomy surgery in April 2003 and as the result of VA removal of hardware surgery in March 2004.

The Veteran's left foot disability, including tarsal tunnel syndrome and surgical scars, resulted in a total loss of use to the extent that no effective function remains other than what would be equally well served by an amputation stump with prosthesis. The Veteran is therefore entitled to a 40% rating for her left foot disability and special monthly compensation for loss of use of the left foot since February 19, 2014.

The Veteran's claims for service connection for a right knee disability, back disability, bilateral hand disability, and stomach condition require additional development. Specifically, VA treatment records need to be obtained, and an examination is necessary for the right knee and back disabilities.

The Veteran's lower back disability, diagnosed as Degenerative Disc Disease (DDD) Residuals and Spondylolisthesis with Posterior Disc Bulge L5-S1, is rated at 20 percent. The Board finds that the evidence does not support a higher rating.,The Veteran was granted service connection for right ear hearing loss and a cervical spine disorder.

The Board has remanded the case for further development and readjudication, including obtaining VA treatment records since April 2008 and scheduling a compensation and pension examination to address the Veteran's lumbar spine disability claim. The issues of service connection for right leg disability and left foot drop are also inextricably intertwined with the back claim and must be remanded as well.

The Veteran's appeal is being remanded due to the need for additional development of his service treatment records, including those from his Army Reserve unit. The issues of entitlement to an increased rating for a low back disability and service connection for a left knee disability are both on hold until this information can be obtained.

The Board has ordered a remand for additional development, including obtaining service treatment records and scheduling an examination. The Veteran's claim of entitlement to service connection for a thoracolumbar spine disability is currently pending.

The Board found no evidence linking the Veteran's current low back disability to his active duty service, and denied the claim.

The Board has determined that further development is necessary before the claims for service connection can be decided.

The Board has remanded the case for additional development due to issues related to service connection, including PTSD and depression.

The Board has determined that the evidence currently of record is sufficient to substantiate the Veteran's claim for entitlement to service connection for Reiter's syndrome, finding it had its onset during his active service.

The Veteran's COPD, previously characterized as bronchitis, is rated at 10 percent prior to June 6, 2012 and increased to 30 percent thereafter. The sinusitis with allergic rhinitis is rated at 10 percent. The radiculopathy of the right lower extremity due to degenerative joint disease (DJD) of the lumbar spine is rated at 10 percent prior to June 6, 2012 and increased to 20 percent thereafter.

The Board found no evidence of chronic disorders in service or within one year post-service, and the preponderance of medical evidence does not support a nexus between current disabilities and service. The Veteran's claims for service connection were denied.

The Veteran has withdrawn his appeals regarding the issues of entitlement to service connection for a bilateral ankle disability, a bilateral knee disability, a low back disability, benign prostatic hypertrophy with urinary obstruction, and gout. The Board does not have jurisdiction to review these claims as they are dismissed.

The Board has remanded the case due to new evidence received from HealthPartners and a written statement from the Veteran's wife. The appeal will be reconsidered with this additional information.

The Board has determined that the Veteran's back disorder, bilateral knee disorder, and psychiatric disorder are not related to service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's low back disability was aggravated by an injury incurred during inactive duty for training, and thus service connection is granted.

The Board has determined that the Veteran's claimed back, heart, and arthritis disabilities are not related to his service.,Service connection for a bilateral eye disability is also denied as there is no evidence of superimposed eye pathology.

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