Back / lumbar spine decisions — 2015

The Veteran's claims for compensation for gynecomastia, an initial rating in excess of 10 percent for lumbar degenerative disc disease, and a separate 10 percent rating for right lower extremity radiculopathy effective November 27, 2006 were denied. The claim for service connection for bilateral knee disabilities was granted with an effective date of June 18, 1983. The claims for earlier effective dates for the grant of service connection for left and right knee disabilities were also denied.

The Board found no evidence of a nexus between the Veteran's current low back and knee conditions and his active duty service.,The Board also found no evidence of a nexus between the Veteran's current kidney condition and his active duty service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her service-connected lumbar spine and left ankle disabilities. The AOJ will also consider whether a temporary total rating is warranted due to her March 2015 surgery.

The Veteran's acquired psychiatric disability other than PTSD, including depression with possible psychotic features and bipolar disorder, is service-connected as a result of aggravation during his period of active duty for training (ACDUTRA). The Board finds that the Veteran has met his burden to establish service connection for this condition.

The Veteran's service-connected left shoulder strain was granted an increased rating of 20 percent effective January 15, 2013. The claim for earlier effective date is denied as the increase in disability occurred more than one year prior to the date of claim.

The Board has determined that a VA examination is needed to determine the nature and etiology of any low back disorder, including whether it is related to service. The Veteran's lay statements indicate her symptoms began during service following a lumbar puncture procedure.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case as a result.

The Board has remanded the case for additional development, including obtaining a new VA examination and medical opinion to address whether the Veteran's low back disorder is proximately due or permanently worsened by his service-connected right and/or left knee disabilities. The appeal will be returned to the AOJ after this development.

The Board has remanded the claim for further evidentiary development, including a new VA examination to assess the Veteran's back disability and its impact on his functional ability during flare-ups.

The Veteran's appeal is being remanded due to the need for additional development, including a Social and Industrial Survey to determine if his service-connected conditions preclude him from securing and following substantially gainful employment. The TDIU claim will be considered in conjunction with the increased rating claims.

The Veteran's claim of service connection for chronic bronchitis was denied due to lack of a chronic residual respiratory disorder. The claims for acquired psychiatric disorders, low back disorder, and deafness in the right ear were also denied as there is no evidence linking these conditions to his military service.

The Veteran's appeal is being remanded to obtain additional medical records, including Social Security Administration (SSA) records. He will also be afforded VA examinations for his low back and left hip conditions. Additionally, a new VA opinion will be obtained regarding the 38 U.S.C.A. � 1151 issue.

The Board has remanded the Veteran's claims for service connection for lumbar facet arthritis and multiple myeloma, to include as due to Agent Orange exposure. The VA is directed to obtain relevant medical records from the Research Medical Center between 1982 and 2001.

The Veteran's low back disability, characterized by x-ray evidence of arthritis and painful motion but not compensable limitation of motion or neurologic abnormalities, does not meet the criteria for a higher initial rating than 10 percent.

The Board granted a 20 percent disability rating for the Veteran's low back disorder, effective as of the date of the decision. The Veteran also received a separate 10 percent rating for radiculopathy of the right lower extremity.

The Board has determined that the Veteran's current low back disability had onset during his active service and is therefore granted service connection.

The Board has remanded the case for further development due to incomplete records and potential lay evidence.

The Veteran's claim for an increased rating for his spine disability was denied due to failure to report for a scheduled examination.,Service connection for allergic rhinitis is denied as there is no current diagnosis of the condition and it is not related to service.

The Board has remanded the case for further development due to additional evidence being added to the record and a need for clarification of the nexus opinion based on the theory that the current diagnoses are superimposed on pre-existing spina bifida occulta.

The Veteran's claims were denied across multiple conditions and issues, with no new evidence provided to reopen any of the service connection claims.