Back / lumbar spine decisions — 2015

The Board has reopened the Veteran's claim of entitlement to service connection for depression and determined that new and material evidence has been received. The claims for service connection for right ankle disorder, lumbar spine disorder, and an acquired psychiatric disorder as secondary to service-connected disabilities are granted.

The Veteran's claims for service connection and increased ratings have been granted, with the exception of his request to reopen a claim for service connection for reflex sympathetic dystrophy of the bilateral upper extremities. The Veteran is currently receiving appropriate disability compensation for his PTSD, dysthymia, left shoulder disability, low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Board denied the appellant's claim for service connection for a low back disability as he does not have a current diagnosed condition.

The Board found that the Veteran's preexisting back disorder did not undergo an increase in severity during active duty service and denied his claim for service connection for aggravation of a preexisting back disorder. The case is remanded to determine the current level of PTSD severity and whether bilateral hearing loss is related to service.

The Board has determined that additional development is needed for the issues of service connection for thoracolumbar spine disorder, cervical spine disorder, right shoulder disorder, and TMJ dysfunction. The case will be remanded to obtain relevant medical records, schedule VA examinations, and consider the claims based on the new evidence.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded to allow for a new VA examination and the addition of any outstanding treatment records.

The Board denied the Veteran's claims for service connection for a back disability, diabetes mellitus type II, and right and left leg disabilities. The decision also found that new and material evidence had not been received to reopen the claim for a back disability.

The Board has determined that the Veteran's low back disorder had its onset in service and granted service connection for this condition. The other issues of service connection are addressed as well.

The Veteran's claim for a higher rating for her lumbosacral sprain is being remanded due to the need for additional examination and development of records.

The Veteran's low back disability was rated at 20 percent effective April 24, 2007. The issue of TDIU is addressed in the REMAND portion.

The Veteran's claims for service connection for right knee, left knee, and low back conditions are being remanded due to the need for additional medical opinions regarding their etiology.

The Board has remanded the case for additional development, including obtaining private and VA treatment records and verifying the Veteran's claimed stressor. The appeal will be returned to the Board after these actions are completed.

The Board found that the Veteran's current back disorder is not related to his active service and denied his claim for service connection.

The Veteran is granted eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, as his service-connected low back injury has resulted in loss of use of both lower extremities. The special home adaptation grant claim is denied due to the Veteran's entitlement to specially adapted housing. Higher rates of SMC are granted.

The Veteran's claim for an increased rating for lumbar spine spondylosis was denied, and the Board found that flexion of the thoracolumbar spine did not more nearly approximate 30 degrees flexion throughout the appeal period.

The Veteran's appeals for service connection on the issues of bilateral hearing loss, asbestosis, and lumbar spine disability have been withdrawn.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person is being remanded due to a lack of recent medical evidence addressing his current need for A&A. The case will be returned to the Board after obtaining updated VA treatment records and scheduling an examination.

The Board has determined that the Veteran's low back and right leg disabilities are not related to his military service, and thus denied both claims.

The Veteran's incomplete loss of sense of smell is directly caused by his service-connected nasal fracture, and the Board finds that he meets the criteria for service connection.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration (SSA) records and VA treatment records.