Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected rhinitis, and he does not have a deviated septum or fatigue. The low back disorder was reopened on new evidence, but no other conditions were found to be related to service.

The Veteran's claim for service connection for a pelvis disorder and unequal leg length was granted. However, the claims for increased ratings of his thoracolumbar spine strain, cervical spine strain, bilateral knee conditions, bilateral hip conditions, and bilateral hand tendonitis remain pending.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's currently demonstrated spondylolisthesis of the lumbar spine was aggravated by his service-connected bilateral knee disability and if so, whether this fall caused or aggravated the current lumbar spine disorder.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and employment records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral hearing loss, lumbar spine disorder, lower extremity sciatica, cervical spine disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy. The Veteran's current disabilities are found to be related to his active duty service.

The Board has determined that the Veteran's low back disability is proximately due to his service-connected cystic lesion of the left upper tibia, and thus grants service connection for this condition.

The Board has reopened the Veteran's claims for service connection for bilateral pes planus and low back disorder, finding new and material evidence. The claims are now pending before the Board.

The Board denied the Veteran's claims of service connection for back, cervical spine, and bilateral knee disabilities. The claim for back disability was not reopened due to lack of new and material evidence. The cervical spine and bilateral knee disabilities were also not granted as they are not presumed to have been incurred in service.

PTSD and TMJ ratings remain denied.,Residuals of musculotendinous tear, right calf, and bilateral pes planus with bilateral plantar fasciitis have initial disability ratings denied.,Effective dates for PTSD and TMJ service connection are also denied.

The Veteran's hypertension and low back disability are being remanded for additional development to obtain medical opinions regarding their etiology.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment consistent with his education and occupational experiences.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine headaches, and bilateral carpel tunnel syndrome, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a TDIU.

The Board has ordered a new VA examination to determine if the Veteran's current low back disability is related to his active duty service.

The Veteran's service-connected conditions, including scoliosis of the lumbar spine and rheumatoid arthritis (implied by left lower extremity radiculopathy), render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling a VA examination to determine the current nature and severity of his service-connected bilateral pes planus. An addendum opinion will also be obtained from the examiner who conducted the September 2014 ankle, knee and leg examination.

The Veteran's service-connected disabilities, alone, are not of such nature and/or severity as to prevent him from securing or following any substantially gainful employment.

The Veteran's service-connected lumbar strain and related neurological disabilities are rated at the maximum available rating, with no additional ratings granted for his hip disorder or TDIU.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging for a VA examination to address the Veteran's claims.

The Veteran seeks service connection for bilateral plantar fasciitis and a back disability, including as secondary to the foot condition. The Board has ordered additional development due to incomplete personnel records and unclear current diagnoses.

The Board has found that the Veteran's claims are inextricably intertwined and must be remanded for further development. The issues include an increased rating for a low back disability, service connection for bilateral hearing loss and tinnitus, SMC due to need for aid and attendance, and TDIU.