Back / lumbar spine decisions — 2015

The Veteran's service-connected conditions, including his service-connected multiple sclerosis and related urinary incontinence, have rendered him helpless as he requires regular aid and attendance due to physical disabilities such as balance issues, coordination problems, and difficulty with daily activities.

The Veteran's prostate disorder, to include prostate cancer, is not shown to have onset during service or be related to service. The Board denied the claim for service connection for prostate disorder as secondary to herbicide exposure. For his back disorder, the VA examiner found no evidence of a relationship between the current condition and active duty service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of both hands, blindness in both eyes with 5/200 visual acuity or less, or deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.

The Board has determined that the Veteran's low back disorder was not incurred in active service and arthritis may not be presumed to have been so incurred. The left knee disorder is also denied as there is no indication of a preexisting condition.

The Board is remanding the case to allow for further development, including obtaining VA treatment records and arranging for a VA examination. The Veteran's claims are being reopened due to new evidence provided.

The Veteran's left wrist disability is due to his service-connected right ankle disability and has been granted.,The Veteran's right leg disability is also due to his service-connected right ankle disability and has been granted.,For the period prior to November 2, 2012, a 50 percent rating for depressive disorder has been granted. For the period since November 2, 2012, a higher rating is not warranted.,A 50 percent rating for migraine headaches has been granted.,For the period prior to November 5, 2012, a 10 percent rating for asthma has been granted. For the period since November 5, 2012, a higher rating is not warranted.,A 30 percent rating for TMJ disorder based on limitation of motion has been granted. A higher rating is not warranted.,For all periods under appeal, a 20 percent rating for TMJ disorder based on unilateral loss of whole or part of ramus involving loss of temporomandibular articulation has been granted.,A 20 percent rating for the right ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the lumbar spine disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the right knee disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left knee disability has been granted. A higher rating is not warranted.,A 10 percent rating for the right carpal tunnel syndrome has been granted. A higher rating is not warranted.,A 10 percent rating for the right lower extremity neuropathy has been granted. A higher rating is not warranted.,For the period prior to December 13, 2012, a 10 percent rating for GERD has been granted. For the period since December 13, 2012, a higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for sinusitis has been granted. A higher rating is not warranted.

The Board has determined that the Veteran's current low back arthritis is presumed to have been incurred in service due to its manifestation within one year of separation from active duty.

The Veteran's appeal is being remanded for additional development to obtain recent medical records and to provide the Veteran with a VA examination to assess her employment status due to her service-connected lumbar spine disability.

The Board has reopened the claim of service connection for a low back disability and finds that new and material evidence has been received. The Veteran's low back disability is related to his participation in a clean-up operation of an air crash during service, leading to constant pressure and trauma to his low back. Service connection is granted for this condition. The issue of hypertension is not addressed as it may not be presumed to have been incurred in service. Service connection for the skin disability is denied.

The Board has determined that additional development is needed to obtain all pertinent treatment records and to provide the Veteran with a VA examination for his claimed disabilities. The claims are being remanded.

The Board found no evidence of chronic disabilities in service or within the first post-service year, and concluded that any current neck, low back, or right shoulder conditions are not related to service.

The Veteran's claim for a right shoulder disability has been reopened and is being remanded to obtain VA examination.,The Veteran's claims for low back disability, headaches, and gastritis are also being remanded to obtain VA examinations.

The Veteran's appeal involves multiple issues including service connection for chiari malformation, increases in ratings for psychiatric disability and radiculopathy conditions, as well as increased ratings for cervical spine degenerative disc disease, right shoulder tendonitis, and cervicogenic headaches. The case is being remanded to allow the Veteran to schedule a hearing and for issuance of an SOC regarding the rating for cervicogenic headaches.

The Veteran's lumbar spine disability is being reopened due to the submission of new and material evidence. The claims for PTSD, an acquired psychiatric disorder other than PTSD (depressive disorder and anxiety), thyroid disability, and diabetes mellitus are remanded for further development.,PTSD and any acquired psychiatric disorder other than PTSD (depressive disorder and anxiety) are being remanded for a VA examination to determine their etiology. The claims for thyroid disability and diabetes mellitus are also being remanded for a VA examination to determine their etiology, with consideration of the Veteran's reported exposure to ionizing radiation during service.,PTSD is being remanded for a VA examination to determine its etiology due to possible military sexual trauma. The claim for an acquired psychiatric disorder other than PTSD (depressive disorder and anxiety) is also being remanded for a VA examination to determine its etiology.,The thyroid disability is being remanded for a VA examination to determine if it is related to the Veteran's service, including her reported exposure to ionizing radiation during service. The claim for diabetes mellitus is also being remanded for a VA examination to determine its etiology.

The Board has granted service connection for Bell's Palsy and remanded the remaining issues of service connection for other conditions.

The Veteran's PTSD with depressive features is granted, and the claims for right shoulder disorder, right knee disorder, left knee disorder, and lumbar spine disorder are remanded due to procedural defects.

The Board denied the Veteran's claims of service connection for a back disability and prostate cancer with residual erectile dysfunction, finding that there was no evidence to support these claims based on direct service connection or any presumptive exposure to herbicides.

The Veteran's claim for an earlier effective date for the addition of her child as a dependent for additional compensation purposes was denied because the first formal claim was received on May 7, 2012. The effective date is set at June 1, 2012.

The Board has determined that the Veteran does not have a low back disorder due to service or as secondary to his service-connected bilateral knee disorders.

The Board has remanded the case due to insufficient medical opinion regarding continuity of symptoms and a need for further examination.