Back / lumbar spine decisions — 2015

The Board has decided to remand the case for additional development, including obtaining VA treatment records and an addendum opinion regarding the etiology of the Veteran's current lumbar spine disabilities.

The Board has granted service connection for Pseudofolliculitis barbae (PFB) and PTSD, but denied service connection for low back strain, left knee disability, right knee disability, and hypertension. The Veteran's current diagnoses of PTSD are related to his wartime experiences.

The Veteran's appeal is being remanded due to the need for new VA examinations and additional review of his treatment records.

The Veteran's service-connected disabilities render him helpless in the performance of activities of daily living and in protecting himself from everyday hazards, warranting special monthly compensation based on the need for aid and attendance.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that new and material evidence was not received to reopen his previously denied claim. The appeal is dismissed.

The Veteran's hypertension, atrial tachycardia, and chronic lumbar strain are rated at the maximum allowable under VA regulations. The other conditions have been evaluated as noncompensable or with a 10% rating.

The Board has determined that the Veteran's current low back disorder is not related to his active service, and thus denied his claim for service connection.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected lumbar spine disability is being remanded due to the need for additional examination and assessment.

The Veteran's claim for service connection of a back disorder is being remanded due to the need for clarification from the VA examiner regarding whether it is at least as likely as not that his condition had its onset during active service or is otherwise related to his service.

The Board found that the Veteran's back and neck disabilities were caused by his service-connected right knee disability, granting service connection for these conditions.

The Board has remanded the Veteran's claims due to insufficient evidence regarding the nature and etiology of his claimed disabilities, specifically asthma, GERD, a lumbar spine disability, bilateral foot disability, and obstructive sleep apnea. The AOJ is instructed to obtain updated VA and private treatment records, schedule appropriate examinations, and provide addendum opinions as requested.

The Board has determined that the Veteran's current neck, low back, and bilateral leg disorders are not related to service. The evidence does not show a nexus between these conditions and any incident in service.

The Board denied the Veteran's claim for a higher rating for his service-connected lumbar strain, maintaining the current 20 percent disability rating.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.

The Board has determined that the Veteran does not have a chronic left ankle, right ankle, tailbone, or lumbar spine disability. The service connection for cervical spine and right shoulder disabilities is also denied as there is no evidence of such disabilities during active service.

The Board has remanded the case due to the need for a VA examination and further development of the record.

The Veteran's back condition resulted in moderate limitations to the range of motion of the lumbar spine prior to April 24, 2014; and full range of motion with pain as of April 24, 2014. The rating assigned is 20 percent for the period prior to April 24, 2014, and 10 percent as of that date.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine, including as due to service-connected left ankle arthritis. The claims for right ankle disability, plantar fasciitis of the right foot, skin disability of the back of the head and feet, gastrointestinal disability, to include gastritis, and residuals of a left buttock strain were denied on the merits.

The Veteran withdrew his appeal regarding the reduction of his low back disability rating from 20% to 10%. The Board has dismissed this appeal.

The Veteran's back disability is found to have had its onset during service and is granted service connection. The claim for psychiatric disabilities remains pending as the evidence does not support a finding of in-service personal assault leading to PTSD.