Back / lumbar spine decisions — 2015

The Board has decided to remand the case for additional development, including obtaining an addendum medical opinion from a VA examiner regarding the nature and etiology of the Veteran's low back disability and bilateral knee disability.

The Veteran's service-connected traumatic arthritis, lower thoracic and lumbar spine, resulted in incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the previous 12 months. The RO granted increased disability ratings for this condition.

The Veteran's appeal is being remanded due to the failure to appear for a scheduled video-conference hearing. The issue of service connection for a low back disorder will be addressed again.

The Board found that the current low back disability is not related to service, as there was no evidence of arthritis in service or within one year following discharge. The opinions from Dr. TJS and Dr. JLB were deemed unreliable due to their lack of access to 1970 VA examination results.

The Board found that the Veteran's current back disability is not related to his service, specifically the 2003 muscle strain during active duty. The preponderance of evidence does not support a finding that the disability was incurred or aggravated by service.

The Board has determined that the Veteran is not entitled to a higher initial disability rating for bilateral hearing loss and denied service connection for tinnitus. The appeal regarding service connection for a back disorder is addressed in the REMAND portion of this decision.

The Veteran's claims for service connection for bilateral plantar fascitis, low back disorder, bilateral knee disorder, and bilateral shin splints were denied as there is no current diagnosis of these conditions.

The Board has remanded the case for a travel Board hearing to be conducted in Marion, Illinois. The Veteran's claims of service connection for diabetes mellitus and back disorder are pending. Additionally, his claims regarding bronchial asthma and chronic obstructive pulmonary disease as well as residuals of a head injury have been reopened.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to the need for further development, including a VA examination.

The Veteran withdrew his appeals of the increased rating claims for lumbar strain and left lower extremity radiculopathy before a decision was made.

The appeal is being remanded for further development, including obtaining private medical records and scheduling a VA examination to evaluate the nature and etiology of the Veteran's current back disorder.

The Veteran does not have a right knee disability that is the result of disease or injury incurred in or aggravated during active military service. The Board finds that there is no current diagnosis for her claimed back disability, and thus cannot grant service connection.

The Veteran's head injury residuals, including tinnitus, dizziness, vertigo, and bilateral leg weakness, are related to his military service. The Board granted service connection for these conditions.

The Board has determined that the reduction of the Veteran's hyperparathyroidism rating from 60 percent to noncompensable was proper, but denied service connection for a back disorder. The Court vacated this decision and remanded both issues for further development.

The Board has remanded the case for further development, including obtaining missing service treatment records and translating Spanish documents.

The Board found that the Veteran's cervical spine disability was not incurred in or aggravated by military service.,The Veteran's service-connected disabilities, including schizophrenia and hemorrhoids, do not necessitate the care or assistance of another person on a regular basis to attend to the activities of daily living.

The Board has remanded the Veteran's claims due to incomplete development, including obtaining a Statement of the Case for issues related to service connection and rating decisions. Additionally, additional records are needed from Social Security Administration (SSA) and a VA examination is required.

The Veteran has withdrawn her appeals for the issues of entitlement to service connection for a skin rash, migraine headaches with visual disturbance, gastrointestinal disability, back disability, and bilateral knee disability.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are related to an injury sustained in service, thus granting service connection for these conditions.

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