Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's service-connected low back strain and left knee reconstruction surgery do not warrant disability ratings in excess of their current assigned ratings.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Board has determined that the Veteran's lumbar spine disability is not related to his military service and therefore denied his claim for service connection.

The Veteran's claims for service connection for a bilateral knee disorder and a back disorder are being remanded due to the need to confirm an in-service accident and obtain additional medical opinions.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for medical opinions regarding his cervical and lumbar spine disabilities.

The Board has determined that the Veteran's myofascial lumbar syndrome is service connected, but denied a compensable rating for his allergic rhinitis from May 10, 2008.

The Board has remanded the case to the RO for additional development due to insufficient reasoning in a previous decision regarding service connection for a low back disability.

The Board found that the Veteran's lumbar spine disorder existed prior to his service and was not permanently aggravated by service, thus denying service connection.

The Veteran's service-connected low back disability renders him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Veteran's service-connected right foot disability is manifested by pain, swelling, and redness. He has slight instability of the knees. The RO granted his claims for service connection for various conditions including hypertension, low back disability, joint pain, memory loss, chest pain, skin disorder, left foot disorder, and respiratory disorder.

The Veteran's migraine headaches are currently rated at 30 percent disabling from August 25, 2011. His lumbosacral strain with osteophytosis is currently rated at 10 percent.

The Veteran's bilateral pes planus has been rated as 30 percent disabling since August 6, 2013. The Board finds that the symptoms warrant a higher rating prior to this date.

The Board finds that the Veteran's right knee disability, diagnosed as degenerative joint disease (DJD) status post arthroscopy with partial medial meniscectomy, is secondary to his service-connected right ankle disability. The preponderance of evidence does not show that the Veteran had presumptive exposure to herbicides, including Agent Orange, nor is there probative evidence of exposure to such. As for diabetes mellitus type II, the Board finds that the preponderance of the evidence does not support a finding of service connection due to presumed exposure to herbicides.

The Board has remanded the case due to the Veteran's failure to appear at a scheduled Travel Board hearing. The appeal is now pending and will be heard again.

The Board has determined that the Veteran does not have a current disability for which service connection is sought, specifically bilateral hearing loss, low back disability, and bilateral knee disability. The claims are denied.

The Board has reopened the claim for service connection for a back disorder and finds that new evidence supports this reopening. The Veteran's vision disorder, however, is not supported by the evidence of record.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the current severity of his lumbar spine multilevel degenerative disease. The TDIU claim is also inextricably intertwined with the rating issue.

The Board has found that new and material evidence has been received to reopen the claim of service connection for a low back disorder. The Veteran's degenerative disc disease (DDD) of the lumbar spine with arthritic changes is now considered service connected, as are her left lower extremity radiculopathy.

The Board has determined that additional efforts are needed to obtain the Veteran's service treatment records, which may be held by various entities including his Reserve units and hospitals in Korea and Japan. The case is therefore being remanded for these actions.

The Veteran's bilateral pes planus was noted at entry into service but not diagnosed or treated during active duty. The cervical and lumbar spine disabilities were not diagnosed until after separation from service, and the Board finds that there is insufficient evidence to establish a connection with service.